What does preponderance of the evidence mean?

September 8, 2009

When you bring a Texas personal injury lawsuit, it is your responsibility as the plaintiff to prove your case. This is known as the “burden of proof.” In civil cases, such as a Texas personal injury lawsuit, the standard of proof you must meet is a “preponderance of the evidence.”

Preponderance of the evidence simply means something is more likely true than not. It is much more relaxed than the “beyond a reasonable doubt” standard applied in criminal cases. In order to win your case, the judge or jury must find your evidence more believable than the defendant’s.

Meeting your burden of proof has nothing to do with the amount of evidence you present. You could win a case with one witness or twenty. What matters is that the jury or judge determines that your version of the facts is more probable than the defendant’s. To use a popular metaphor, the scales must tip in your favor, even if only slightly.

We provide accident victims with free legal advice. To speak with a Texas personal injury attorney at Fears | Nachawati, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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