What Is The Standard Of Proof In A Civil Case

In most civil cases, the standard of proof is the “preponderance of the evidence.” This means the person bringing the claim must show that their version of events is more likely true than not true. It is often described as tipping the scales just over 50 percent in one party’s favour. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. In a personal injury case, for example, the injured person generally needs to prove that the defendant owed a duty of care, breached that duty, and caused injuries and losses as a result. Evidence may include medical records, photographs, witness statements, accident reports, expert opinions and other documentation. Some civil matters can use different or higher standards, such as “clear and convincing evidence,” depending on the claim and jurisdiction. Because the applicable burden can affect how a case is prepared, it is important to identify the precise legal claims involved.