Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed May 5, 2023.

What Is the Burden of Proof in Civil Suits?

When you’re fighting for compensation, do you know what standard your evidence needs to meet?

What Is the Burden of Proof?

The burden of proof is the standard of evidence that is required in order to find a party guilty of a crime, liable for the other person’s damages, or in some cases decide family law matters. In America, it is the claimant’s responsibility to provide such evidence. Meaning that the state, plaintiff, or person filing the lawsuit, is responsible for providing quality evidence that the defendant did the thing they are accused of doing, or owes the financial compensation asked by the other party for their damages. So if you were injured in a car accident due to a drunk driver, and you’re filing a claim against that driver, it is your responsibility to provide evidence that the drunk driver’s negligence caused your injuries. Providing evidence that meets the burden of proof isn’t always so easy. That’s one reason why people consult with a personal injury attorney.

It’s Beyond a Reasonable Doubt, Right?

What Is the Burden of Proof in Civil Suits?

We always think that “beyond a reasonable doubt” is the burden of proof in any trial. However, beyond a reasonable doubt is actually the highest standard, and it’s only reserved for criminal cases. Civil suits generally have a lower standard of evidence. In most personal injury lawsuits, the plaintiff is required to prove that their version of events is true by a preponderance of the evidence. A preponderance of the evidence means, in the most simple terms, “more likely than not.” Generally, this means that there’s a greater than 50% chance that the plaintiff’s claim is in fact true. It should be noted that, in some civil cases, a claimant may be required to prove their case by clear and convincing evidence (which usually means 75% certainty). This is a higher standard than preponderance of the evidence, but a lower standard than beyond reasonable doubt. This standard is more common in certain types of family law cases, like terminating a parent’s rights to their children.

Do the Standards Ever Vary?

In most civil cases, the standard will be the preponderance of the evidence, and that means the same thing whether you’re filing a personal injury claim based on fraudulent misrepresentation, or negligent misrepresentation. However, it should be noted that filing a claim based on fraudulent misrepresentation may be more difficult than filing a claim based on negligent misrepresentation. Here’s why: whenever a plaintiff alleges that fraud caused their damages, they’ll need to prove that the defendant willfully and intentionally acted with the intent to deceive the plaintiff. So even though many cases require the plaintiff to prove their case by a preponderance of the evidence, some cases may be more difficult to prove than others.

Jury Instructions

What Is the Burden of Proof in Civil Suits?

When it comes to the end of the trial, the jury is given instructions on all sorts of things. It’s important that the jury understands all the relevant legal definitions, the burden of proof, and it’s also important that the jury understands how the legal relevant mechanisms work. Though the judge is responsible for instructing the jury, the jury is responsible for correctly applying the laws relevant to the case. The jury is usually able to ask the judge for clarification, on any items they don’t understand. However, in order to present a good case to the jury, an attorney must present evidence in a way that helps the jury understand why the plaintiff needs the compensation they’re seeking.

Most Cases Don’t Go to Trial

Most cases don’t go to trial, and this happens for multiple reasons. First, going to trial is long and expensive for both the plaintiff’s attorneys and the defendant’s attorneys. Second, since the trial can take so long, the plaintiff may have to wait years in order to be fairly compensated. Lastly, anything can happen when you leave the case in the jury’s hands. The jury doesn’t always understand the instructions and definitions, and sometimes they don’t realize that there’s a misunderstanding. Usually, when the opposing counsel realizes that you’ve got a good case, they’ll try to settle the matter by making better settlement offers. Having a qualified personal injury attorney handle your case can boost your chances of getting a fair settlement without having to go to court.

Don’t Wait to Explore Your Legal Options

What Is the Burden of Proof in Civil Suits?

If you’ve been injured due to the negligence of another person, Moxie Law Group is here for you. We understand that the recovery process can be overwhelming as it is; the last thing you want to do is worry about how you’ll pay for the injury-related expenses. At Moxie Law Group, our personal injury attorneys are dedicated to fighting for your rights and helping our clients win the compensation they deserve. If you’ve been injured, and you’re wondering how you’ll cover your injury-related expenses, contact Moxie Law Group today for your free consultation.

The Different Standards of Proof

Not every case uses the same standard. The bar a party has to clear depends on what kind of case it is and what is at stake.

Preponderance of the Evidence

This is the standard in most civil cases, including personal injury. It means proving that your version is more likely true than not, sometimes described as tipping the scale just past the halfway point.

Clear and Convincing Evidence

A higher standard used in certain civil matters, such as fraud or some family-law questions. It requires showing that your claim is highly and substantially more likely to be true than not.

Beyond a Reasonable Doubt

The highest standard, reserved for criminal cases. It does not apply to civil lawsuits, but it is useful for contrast: a defendant found not guilty in a criminal trial can still be held liable in a civil case under the lower preponderance standard.

Who Has the Burden of Proof in a Personal Injury Case?

In a personal injury claim, the burden is on you, the injured person, to prove that the other party was negligent and that their negligence caused your harm. Meeting that burden takes evidence: medical records, witness accounts, photos, and sometimes expert testimony. Our team builds cases with that standard in mind from day one. If you were hurt in a crash, our Utah car accident attorneys can explain what proof your claim would need.

Burden of Proof FAQs

What is the burden of proof in a civil case?

In most civil cases it is a preponderance of the evidence, meaning more likely than not.

Is the burden of proof lower in civil than in criminal cases?

Yes. Civil cases generally use preponderance of the evidence, while criminal cases require proof beyond a reasonable doubt.

Who carries the burden of proof in a lawsuit?

Generally the party bringing the claim, the plaintiff, carries the burden of proving each element of their case.

Can the burden of proof shift during a case?

In some situations it can. Once a plaintiff establishes certain facts, the burden can shift to the defendant to prove a defense, though the overall burden usually stays with the plaintiff.

Sources: Cornell Law School: burden of proof