What is the standard of proof needed to prevail in a professional negligence claim?

The standard of proof needed to prevail in a professional negligence claim in Washington is the legal standard of “preponderance of the evidence.” This standard requires that plaintiff (the person bringing the claim) prove that it is more likely than not that the defendant (the person accused of committing the negligence) is liable for any losses suffered. In other words, the plaintiff must prove that it is more probable that the defendant acted negligently (carelessly), and that the harm was most likely caused by the defendant’s act or failure to act. The plaintiff must also prove that the defendant’s action or inaction caused his or her injury and that the defendant should have acted differently in order to avoid the injury. Washington law also requires that any professional negligence claims involve a breach of an accepted duty of care. The plaintiff must then prove either that the defendant had a duty to exercise reasonable care, that the defendant failed to do so, and that the breach led to the plaintiff’s injuries. Overall, professional negligence claims in Washington state require that the plaintiff demonstrate that the defendant acted at less than the standard of care expected of a reasonable professional in the same situation, and that this breach of care caused the plaintiff’s harm or losses. If the plaintiff is able to do so, he or she will have met the “preponderance of evidence” standard needed to prevail in a professional negligence claim in Washington.

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What is the standard of proof needed to prevail in a professional negligence claim?

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