The Civil Injury Case Burden of Proof – “More Likely Than Not”

The burden of proof in a civil injury trial is “preponderance of the evidence”, which is a much lower standard that the standard in a criminal trial, which is “proof beyond reasonable doubt.” In a civil injury trial the injured person need only prove that it is “more likely than not” that the Defendant (the at-fault person) was negligent or that he or she caused an injury. This means that even if Jurors are uncertain, but leaning – even slightly — in favor of the injured Plaintiff – the Plaintiff wins.