Laredo Personal Injury Lawyers » What is the Preponderance of the Evidence?
Your Legal Burden of Proving Your Personal Injury Case by a Preponderance of Evidence
In a civil personal injury lawsuit you as the plaintiff will need to prove certain things in order for your case to be successful. If you have watched courtroom television shows then you are probably familiar with the concept of ‘probable cause’ or ‘innocent until proven guilty.’ In a criminal case, the defendant must be proven guilty ‘beyond a reasonable doubt.’ Comparatively, in a personal injury lawsuit you must prove your case by a ‘preponderance of the evidence.’ More Information on this website
What Does a Preponderance of the Evidence Mean?
When you file a lawsuit you have the responsibility of proving the facts that you are claiming to support your case against the defendant. The way that you will do this is by providing testimony and other types of evidence. Defining what constitutes a preponderance of the evidence can be difficult because it is different depending on the specific circumstances of your lawsuit. Preponderance is basically enough evidence to show that it is more likely than not that the claims that you are making are truthful. You have to simply show that there is more than a fifty percent chance that the injury you suffered was the fault of the defendant. In order to meet this standard in your civil case you don’t have to have a lot of evidence. It just simply must appear that what you are stating happened is probably true. To illustrate, one witness’s testimony that is credible in support of your claim could satisfy this standard for your lawsuit compared to a litany of witnesses with not so credible accounts of the event that gave rise to your claim.
How will I know if my case meets the preponderance of the evidence standard?
As stated previously, you just have to show that the defendant is more likely than not to have caused your injuries. There is no specific formula that your case must strictly abide by in order for you to satisfy this standard. You simply have to persuade the jury that the defendant is the one to blame for your injury by showing that the fair weight of the evidence is in your favor.
At the closing of your trial, the judge will specifically describe to the jurors what guidelines they should follow in analyzing whether your case has provided sufficient proof of the events that you claim to have happened. They will be given a clear description of how to evaluate whether there is a preponderance of the evidence in your favor so that they understand thoroughly. If they feel that the evidence leans towards you, even if ever so slightly, then your lawsuit may be successful. All of the things that will have been presented in trial will be considered. To illustrate, it is like a tipping point. If the weight of the information leans in your direction then you have satisfied your burden.
Evidentiary standards and the different elements that must be proven in a personal injury lawsuit can be complicated. However, they shouldn’t be if you have an attorney that is educated in successfully meeting all of the relevant criteria. The hundreds of cases that Our Law Offices has handled in the past has allowed our attorneys to become highly skillful and experienced in guaranteeing no burden is left unmet. If you have been injured then you have a legal right to be compensated and our attorneys will do everything in their power to make sure that you are able to get the recovery that you deserve.
Every injury is different and therefore every lawsuit is different. Because of that reality, there are innumerable types of evidence that can meet this standard and allow your claim to be successful. If you are unable to meet this standard, however, your lawsuit will fail.
Our Law Offices have handled literally thousands of personal injury cases and have won the vast majority of them. As a result, our attorneys are well versed and skilled in assuring that your claim meets the appropriate standards of proof and that will enable you to receive a large financial sum. To discuss your potential claim, please contact us.