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Why do I have to prove my case? Isn't it enough to show I was injured at the hospital?


A: No, it's not enough. The law in New York says that if you claim you were injured because of someone else's carelessness, then you have the obligation to prove it. Well, how much proof do I need? Again, the law says you must prove your case by a 'preponderance of the evidence'. This has been taken to mean that you must show that your version of events is more probably true than not true. If your proof leaves the jury with a 50/50 split, and they cannot determine if you've proven your case, then they are obligated to return a verdict for the defense. However, if you are able to prove your case, where you tip the scales of justice in your favor, ever so slightly, then you have proven your case, and you would be entitled to an award in your favor. Proof is presented by testimony from witnesses, from hospital and medical records, and from the parties to the lawsuit.