What is the burden of proof in a plane crash case?
In a plane crash case in Washington, the burden of proof is on the plaintiff to show that the defendant was negligent and that the negligence caused the crash. The plaintiff must demonstrate both of these elements “by a preponderance of the evidence.” This means that the plaintiff must prove that it is “more likely than not” that the defendant was negligent and that negligence was the cause of the crash. The plaintiff must also prove that the defendant’s negligence caused the plaintiffs’ injuries. In other words, the plaintiff must prove that the injuries would not have occurred absent the defendant’s negligence. This element is known as “causation” and is a required element of negligence in Washington. Finally, the plaintiff must prove that the injuries are compensable under the law. In Washington, damages for personal injury can include medical expenses, lost wages, and pain and suffering. The plaintiff must show that the defendant’s negligence proximately caused the damages. This means that the damages must be reasonably foreseeable results of the defendant’s negligence. In short, in order to establish liability in a plane crash case in Washington, the plaintiff must establish that the defendant was negligent and that negligence caused the crash, the plaintiff’s injuries, and the compensable damages. The plaintiff must also demonstrate all of these elements “by a preponderance of the evidence.” The burden of proof is on the plaintiff to prove all of these elements, and in most instances, this is done with the assistance of a qualified accident attorney.
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