Burden of Proof and Preponderance of the Evidence

The burden of proof is a party’s responsibility to prove the facts required by law. In most civil injury cases, the plaintiff must prove each required element by a preponderance of the evidence. This standard generally means that a fact is more likely true than not true. It is lower than the beyond-a-reasonable-doubt standard used in criminal cases. The required elements and any shifted burdens depend on the claim and jurisdiction.