What is the burden of proof in a civil case?

In Arizona, the burden of proof in a civil case is determined by a standard known as “preponderance of the evidence”. This standard means that one party must prove that the facts of the case favor their position more than the opposing party’s position. This comparison requires a weighing of the evidence on both sides to determine which party is more likely to be correct. This standard is used for most civil cases, including those involving an accident. In a usual accident case, the plaintiff, or the injured party, has the burden of proving that the defendant, or the party legally at fault, caused the accident and that the plaintiff was injured in some way. To meet this burden, the plaintiff must present evidence that demonstrates that the defendant’s negligence or fault led to the injuries they sustained. This evidence may come in the form of witness testimony, police reports, medical records, photographs, and other types of evidence. The defendant, on the other hand, may also present evidence to counter the plaintiff’s claims. They may present evidence to show that the plaintiff was partially at fault or that the plaintiff’s injuries resulted from another source. This evidence could include witness testimony, records, and other types of evidence. At the end of the case, the court will weigh the evidence on both sides to determine which party is more likely to be correct. If the plaintiff is able to convince the court that it is more likely than not that the defendant is at fault, then the plaintiff will likely prevail.

Related FAQs

What is a toxic tort?
What is an employer’s liability in a personal injury case?
What are the damages recoverable in a personal injury case?
What is a No-Fault Accident?
What is the discovery period in a personal injury case?
What should I do if I am offered a settlement?
What is liability insurance?
What is the difference between general damages and special damages?
What types of evidence are admitted in a personal injury trial?
What is a structured settlement?

What is the burden of proof in a civil case?

Related FAQs

Related Blog Posts