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welcome iamp;#39;m gerry oginski a new york medical malpractice and personal injury trial lawyer practicing law here in the state of New York do you know what it means when somebody says that the victim has to prove their case by preponderance of the evidence most people donamp;#39;t understand that what they do know is what they hear on TV and in the movies especially in a criminal case they hear you have to prove your case beyond a reasonable doubt what does that mean it means that the prosecutor now has an incredibly huge burden to prove their case in a civil case involving a medical malpractice or accident case we do not have that severe burden that a prosecutor has in a criminal case what are we required to show we have to show that we are more likely right than wrong that what we are saying is true we have to tip the scales of justice ever so slightly and once we do that the jury will find and will be required to find in our favor in closing arguments we often will tell jurors