What is the burden of proof in a personal injury case?

In a personal injury case in Washington, the burden of proof rests on the plaintiff, or the person filing the lawsuit. The plaintiff must prove that the defendant’s action, or lack of action, led to the harm suffered. The plaintiff must show that the defendant was negligent and caused the harm through a “preponderance of the evidence”. This requires demonstrating that it was more likely than not that the defendant’s negligence caused the injury in question. In some cases, the plaintiff may also have to prove that the defendant was reckless or intentionally caused harm. This is often referred to as “strict liability” and requires a high standard of proof. The plaintiff must show that the defendant acted recklessly or intentionally to cause harm and that the actions were a direct cause of the plaintiff’s injuries. The burden of proof is an important part of a personal injury case, as it can ultimately determine whether or not the plaintiff is able to successfully recover compensation. If the plaintiff is not able to provide sufficient proof, then they may be unable to recover any compensation and the case may be dismissed.

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What is the burden of proof in a personal injury case?

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