413.5 Burden of Proof on Claim

413.5 Burden of Proof on Claim If the greater weight of the evidence does not support the claim of (plaintiff), then your verdict should be for (defendant). However if the greater weight of the evidence does support (plaintiff)'s claim, then your verdict should be for (plaintiff) and against (defendant) and you should award (plaintiff) an amount of money that the greater weight of the evidence shows will fairly and adequately compensate [him] [her] [it] for the medical [benefits] [services] that are related to the accident, were medically necessary, and the charge[s] for which are reasonable. [Give when defenses to the claim have been raised.] If, however, the greater weight of the evidence does support the claim of (plaintiff), then you shall consider the defense[s] raised by (defendant). On the defense, the issue[s] for you to decide [is] [are] (describe defense). If the greater weight of the evidence supports (defendant)'s defense[s], your verdict should be for the (defendant) and against (plaintiff). But if the greater weight of the evidence does not support (defendant)'s defense[s] and the greater weight of the evidence supports (plaintiff)'s claim, then your verdict should be for (plaintiff) and against (defendant) and you should award (plaintiff) an amount of money that the greater weight of the evidence shows will fairly and adequately compensate [him] [her] [it] for to the medical [benefits] [services] that are related to the accident, were medically necessary, and the charge[s] for which are reasonable. [Proceed to sections 600 and 700 for closing instructions.]