Chicago, IL personal injury attorney Bruce Goodman talks about what has to be proved in order to win a birth injury case.
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The burden of proof is what is more probably true than not true. That means are we more likely right than wrong. Some lawyers have used a scale and if the scale tips in favor of the plaintiff by as light of a feather, you have prevailed. It is our responsibility to point out and prove and persuade a jury that we are more likely right than wrong. This is not a criminal case that requires proof beyond a reasonable doubt, but our system of civil justice, which goes back hundreds of years at this time, has determined that a plaintiff has proven their case if they are more likely right than wrong. Even if the jury has some doubts, which is permissible in a civil case, as long as we are more likely right – more probably true than not – we have proved our case.