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Virginia Complaint For Injuries Under FELA - Jury Trial Demand
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FAQ
When a party has the burden of proving any claim or defense by clear and convincing evidence, it means that the party must present evidence that leaves you with a firm belief or conviction that it is highly probable that the factual contentions of the claim or defense are true.
In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
Virginia law caps punitive damage awards at $350,000. While a jury may return a verdict for punitive damages over this amount, the judge will ultimately reduce the punitive damages award so it does not exceed the maximum amount.
Last clear chance applies in two situations: (1) helpless plaintiff and (2) inattentive plaintiff. In first situation, defendant is liable if he saw or should have seen plaintiff. In second situation, defendant is liable only if he actually saw plaintiff. In either case, defendant must have had time to avert accident.
Contributory negligence is when an injured person is found partially responsible for their own injuries. Contributory negligence is a common defence strategy in personal injury claims.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
