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Burden of Proof in a Personal Injury Lawsuit

The burden of proof is the requirement of the plaintiff in a personal injury lawsuit to bring sufficient evidence that the allegations he or she made are true. In a personal injury lawsuit, the plaintiff has the burden to prove the defendant was negligent and the defendant’s negligence caused injuries/damages to the plaintiff. The burden of proof in a civil claim is known as the “preponderance of the evidence” which means the plaintiff must prove that the negligent conduct of the defendant “more likely than not” caused the claimed injuries/damages to the plaintiff. This is a lower burden of proof than in a criminal case which requires the issues to be proven “beyond and to the exclusion of every reasonable doubt”. The burden of proof is higher in a criminal case because the defendant’s freedom is at stake.