What is the standard of proof needed to prevail in a professional negligence claim?
In California, a plaintiff must prove their case by a preponderance of the evidence to prevail in a professional negligence claim. This is a lower standard of proof than in criminal cases, which require proof beyond a reasonable doubt. A preponderance of the evidence means that a plaintiff must show that the facts they presented are more likely than not to be true. This means that it is more likely that the defendant was negligent than that they were not. In other words, if a jury finds that it is 51% likely that the defendant was negligent, then the plaintiff will win their case. In professional negligence cases, the plaintiff must prove that the negligence of the defendant was the cause of the harm suffered by the plaintiff. This is known as “causation.” The plaintiff must prove that the defendant’s negligence was the cause of the harm, and not some other factor. In California, the standard of proof for a professional negligence claim is a preponderance of the evidence. The plaintiff must prove their case by showing that facts presented are more likely than not to be true, and that the defendant’s negligence was the cause of the harm.
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