What is the standard of proof in a personal injury case?

The standard of proof in a personal injury case in North Carolina is preponderance of the evidence. Preponderance of the evidence means that, more likely than not, the plaintiff (person claiming to have been injured) must prove that the defendant (person being sued) was at fault for their injury. This means that the plaintiff must provide more evidence that supports their claim that the defendant was at fault, than the evidence that supports the defendant’s lack of fault. The jury in a personal injury case in North Carolina is responsible for evaluating the evidence presented by both the plaintiff and defendant before determining if the preponderance of the evidence supports the plaintiff’s claims. The jury will consider all evidence presented including witness testimony, expert testimony, physical or medical records, and other statements and documents that support the case. The standard of proof in a personal injury case in North Carolina is a civil standard that is lower than the “beyond a reasonable doubt” standard used in criminal cases. This means that the jury in a personal injury case does not have to be completely convinced that the defendant was at fault in order to find them liable and award damages. It is also important to note that the standard of proof in North Carolina is higher than the “clear and convincing evidence” standard used in some other states.

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