What Does “Preponderance of Evidence” Mean?

The term preponderance of evidence refers to the superior weight of evidence in a civil case. While it does not completely eliminate reasonable doubt, it is sufficient to persuade a reasonable and impartial mind to one side of an issue over the other. This evidentiary standard is commonly used in civil cases across the United States, including Connecticut, and is significantly less stringent than the “beyond a reasonable doubt” standard used in criminal cases.

In simpler terms, preponderance of evidence is often described as tipping the scales slightly above 50%, or the “greater weight of the evidence.” This standard is explained to the jury during the trial process to help them understand how to evaluate the evidence presented by both sides.

What Is the “Burden of Proof” in Civil Cases?

In Connecticut civil cases, the burden of proof generally lies with the victim (the plaintiff). This means that the plaintiff must prove, by a preponderance of the evidence, that the events they are claiming actually happened and that the defendant caused their damages. The unfortunate reality of the legal system is that the burden is on the injured party to demonstrate that they were harmed and that they deserve compensation.

At Bert McDowell Injury Law, we understand how overwhelming this can feel for victims of negligence. Our experienced personal injury lawyers in Connecticut are here to help you gather the evidence needed to support your claim and get the compensation you deserve. Call us at 475-231-3274 for assistance today.

How Does a Jury Apply the Preponderance of Evidence Standard?

A jury evaluates the credibility and reliability of the evidence presented by both sides. The preponderance of evidence standard focuses on the quality and persuasiveness of the evidence, rather than the quantity of evidence. For example, even if one side presents more witnesses or documents, the jury can still rule in favor of the other side if their evidence is deemed more convincing.

In a typical personal injury case, evidence may include:

• Your testimony
• Testimony from witnesses
• Medical records and testimony from healthcare professionals
• Photos of the accident scene or damaged property
• Police reports and officer testimony
• Statements from family members or friends about how the injury affected your life

The jury carefully examines all this information to determine which side has met the burden of proof. At Bert McDowell Injury Law, we work diligently to collect and present compelling evidence on your behalf, ensuring that your case is as strong as possible.

Other Standards of Evidence Explained

While the preponderance of evidence is the standard used in most civil cases, there are other standards of evidence that may apply in different legal contexts:

• Clear and convincing evidence: A higher standard than preponderance of evidence, requiring a “high probability” that a fact is true. This is often used in family law cases.
• Substantial evidence: A lower standard that requires enough evidence to allow a reasonable mind to conclude that something is true. This is commonly used in administrative proceedings.
• Beyond a reasonable doubt: The highest standard of evidence, used exclusively in criminal cases. This standard ensures that there is no reasonable doubt about the defendant’s guilt.

In civil cases, such as those involving car accidents, slip and falls, or medical malpractice in Connecticut, the preponderance of evidence standard remains the most common. Our team at Bert McDowell Injury Law specializes in helping clients meet this evidentiary burden to secure compensation for their injuries.

How Bert McDowell Injury Law Can Help

As a trusted personal injury law firm in Connecticut, Bert McDowell Injury Law is dedicated to helping victims of negligence navigate the complexities of civil lawsuits. Whether you were injured in a car accident, slip and fall, or any other incident caused by someone else’s negligence, our team is here to help you build a strong case.

If you need legal assistance, don’t wait. Contact Bert McDowell Injury Law today at 475-231-3274 for a free consultation. Let us help you understand your rights and guide you through the legal process to get the compensation you deserve.