Preponderance of Evidence

A preponderance of evidence is the evidentiary standard which must be met by plaintiffs in most civil injury cases to win their tort lawsuits. Under this standard, the judge or jury must agree the defendant is more likely than not responsible for the plaintiff's injuries. The exact definition is not specifically outlined in law, but experts agree it can be met if there is more than a 50% chance the defendant's actions caused the injury. Prior to making the ruling for the plaintiff or defendant the court must hear all evidence.

Criminal cases differ from civil cases and have a much higher level of proof. Criminal cases require the state to provide evidence which proves the defendant is guilty of the criminal charges beyond a reasonable doubt. Additionally, some civil cases, such as fraud cases, have a higher standard of proof than other civil cases but lower than criminal cases. These cases can be won if the plaintiff proves their case through clear and convincing evidence.