What is the burden of proof in a civil case?

In a civil case, the burden of proof is the obligation of the plaintiff (the person bringing the lawsuit) to establish, through evidence, that the defendant(s) caused injury or damage as a result of their actions or negligence. In other words, the plaintiff must prove that the defendant’s actions were the proximate cause of the harm. In California, the burden of proof for both liability and damages is “by a preponderance of the evidence.” This means that the plaintiff must prove that their version of the facts is more likely than not the true version of what happened. For example, if an injured party files a lawsuit against a driver they believe was negligent in causing their accident, they must present evidence that it’s more likely than not that the driver was negligent. Civil cases in California require that the plaintiff prove their case by a preponderance of the evidence in order to receive compensation for their damages.

Related FAQs

What is the difference between a settlement and a verdict?
What if the other party does not have insurance?
How can I prove the other party's negligence in a personal injury claim?
What is an alternative dispute resolution?
What is a settlement conference?
What is the difference between compensatory and punitive damages?
What is a medical lien?
When should I seek medical attention after an accident?
What types of cases do personal injury attorneys handle?
What is a summons and complaint?

What is the burden of proof in a civil case?

Related FAQs

Related Blog Posts