What is the burden of proof in a plane crash case?
The burden of proof in a plane crash case in California is the same as in any other type of personal injury case. The plaintiff (the person filing the lawsuit) must prove that the defendant (such as an airline, pilot, or aircraft manufacturer) was negligent in some way. This means that the plaintiff must show that the defendant was careless or reckless in a way that resulted in the plane accident. The legal standard used in plane crash cases is a “preponderance of the evidence.” This means that the plaintiff must show that it is more likely than not that the defendant caused the plane crash. To meet this standard, the plaintiff must prove that the defendant was negligent and that this negligence was a direct cause of the plane crash. In addition, the plaintiff must also prove that the plane accident caused damages to the plaintiff. This is usually done through medical records and bills, testimony from witnesses, and other evidence. The damages that can be recovered in a plane crash case include medical expenses, lost wages, emotional distress, and pain and suffering. If the plaintiff is successful in demonstrating the required elements of a plane crash case, the defendant may be liable for the damages caused by the plane crash.
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