What is the “burden of proof” in sports injury cases?

In Washington, the term “burden of proof” is used to describe the necessary level of proof required for an individual to win their legal case in a sport related injury case. In other words, what evidence must be provided in order to prove the case. One of the most common standards of proof necessary in Washington is the “preponderance of the evidence” standard. This means that a party must present evidence sufficient to prove that more likely than not, the case is true. In other words, if a jury or judge believes that it is more likely that the information being presented is true rather than false, then the plaintiff has met the burden of proof necessary to win the case. Another standard is the “clear and convincing evidence” standard. This means that the plaintiff must present evidence that is substantially more likely to be true than false. That is, the evidence must be so convincing that a reasonable person would accept it as true. In sports injury cases, once the burden of proof is met, the burden of persuasion shifts to the opposing party. This means that the other party must present evidence to oppose the case. If they cannot do so, the plaintiff has met the necessary burden of proof and is considered to have won their case. All in all, the burden of proof is an essential part of any legal case, especially in sports injury cases in Washington. The burden of proof is the amount of evidence required by the plaintiff to establish that their case is true. Depending on the type of case, the burden of proof may be that more than likely the case is true, or that it is substantially more likely to be true than false. Whichever standard applies, the plaintiff must meet that standard of evidence to be able to win the case.

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