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Definition of Burden of Proof
Burden of
Proof
The plaintiff has the burden of proving the truth of their claims in a California personal injury case. The burden of proof for personal injury (tort) cases in California usually lies with more likely than not or by a preponderance of the evidence.
Preponderance Of The Evidence
A plaintiff must prove their case through a preponderance of the evidence in nearly all personal injury cases in California.
Clear And Convincing Evidence
The proof of an element in a civil case may occasionally require "clear and convincing" evidence.
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A plaintiff must prove that the defendant acted with oppression, fraud, or malice, for example, in order to recover punitive damages in California.
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There is no standard as high as "clear and convincing" (the standard in a criminal case in California), but it is higher than a preponderance of the evidence.
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Rather than simply arguing that something is more likely than not, it must be proved to be of "high probability."
Establishing Burden of Proof
You can only determine what standard of proof applies in a specific California personal injury case by conducting thorough legal research. A plaintiff may be entitled to recover damages under more than one legal basis in a personal injury lawsuit in California.
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There may be different standards of proof for different claims or legal theories. To help potential clients determine the best way to recover all of the damages they are entitled to, our California injury attorneys can offer you a free consultation.