Clear and Convincing Evidence

Although most personal injury lawsuits require the injured party to prove the defendant breached their duty and caused their injuries through a preponderance of the evidence, some injury cases require the evidence to reach the standard of proof known as clear and convincing evidence. Under this standard the plaintiff must prove it is substantially more likely than not their claims are true.

Clear and convincing evidence is generally used in some administrative hearings, habeas corpus, and some fraud claims. Although there is not a clear definition of clear and convincing evidence, most experts describe it as the requirement that a plaintiff proves their case by more than 51%, but less than 100%. The criminal standard of proof of beyond a reasonable doubt should be close to 100% proof, and a preponderance of evidence is viewed as above 50%.