Published by The plaintiff in a civil trial must present evidence that meets the legal burden of proof proving the defendant's liability for some harm. The evidentiary standard, known as preponderance of the evidence, is one method used to assess whether or not this burden has been met.
As a personal injury attorney, I have gathered much evidence to help my clients win their cases by meeting the preponderance of the evidence standard.
In this article, you will learn everything there is to know about the preponderance of the evidence so that you can be better informed.
Quick Summary
- In a civil court case, the person suing must have strong evidence to show that they are right and should win the case.
- In a civil court, the burden for the plaintiff to show a preponderance of the evidence is lower than having to eliminate all reasonable doubt.
- The attorney for the plaintiff tries to present enough evidence to the judge so that most of it is in favor of their claim.
What Is Preponderance?
Preponderance is the evidentiary standard for a win in a civil case. The courts will find your favor if you can prove that there is a more than 50% chance that your claim is valid. This standard, called the preponderance of the evidence, is used in civil cases [1].
The Preponderance of the Evidence Standard: Criminal Cases
Cases involving potential criminal charges use the beyond-a-reasonable-doubt standard, which requires near certainty to be accurate. The beyond-a-reasonable doubt standard is higher than the preponderance of evidence and clear and convincing evidence standards, which only need more than 50% accuracy.The beyond-a-reasonable doubt standard is the highest evidence standard in the US court system [2]. This means that it is entirely the prosecution's responsibility to provide evidence to show that there is no way the facts and evidence could have occurred in any other manner than the one that offers the defendant's guilt.The jury needs to be convinced beyond a reasonable doubt that the criminal accusation was founded. This is based on the evidence provided, and it becomes the jury's duty to analyze this information.Related Article: What Is an Intentional Tort?See all related personal injury and accident lawsuits we've taken on.
The Preponderance of the Evidence Standard: Civil Cases
The burden of proof for a civil court plaintiff to show a preponderance of the evidence is lower than the burden to eliminate all reasonable doubt. The bar is higher for defendants accused of crimes because the evidence must eliminate all reasonable doubt. If not, the defendant cannot be proven guilty beyond a reasonable doubt.Anything from disagreements over property lines to fraud charges can be classified as a civil case. Although, none of these situations result in jail time for the plaintiff or defendant. This is why there is a lenient approach regarding what type and extent of evidence can prove an event occurred.
"Preponderance of the evidence is most frequently used in civil cases, although it is also used in some criminal proceedings. It means "more likely than not."
- Neil Shouse, Attorney
Understanding Legal Standards of Proof
In legal proceedings, different cases require varying levels of evidence to support a claim.
These standards of proof determine how much certainty is needed for a judge or jury to rule in favor of one party.
The following is an overview of four key legal standards: Preponderance of the Evidence, Clear and Convincing Evidence, Beyond a Reasonable Doubt, and Probable Cause, along with their applications in different case types.
Preponderance of the Evidence
This standard applies primarily in civil cases and requires proof that a claim is more likely true than not—just over a 50% likelihood. Unlike criminal cases, where the stakes involve potential incarceration, civil disputes focus on financial compensation or equitable relief.
Common Case Types:
- Personal injury claims (e.g., car accidents, slip-and-fall incidents).
- Employment discrimination lawsuits.
- Contract disputes.
Example: A plaintiff injured in a car accident must demonstrate that the defendant was more likely than not responsible for their injuries. Even if the evidence slightly favors their claim, they can still win the case.
Clear and Convincing Evidence
This standard requires a higher degree of certainty than preponderance of the evidence, typically around 70-75% certainty. The evidence must be highly credible and persuasive, leaving little doubt about the claim's truth.
Common Case Types:
- Fraud claims.
- Disputes over wills and trusts.
- Parental rights termination cases.
Example: If a person alleges that an elderly family member was manipulated into changing their will, they must present strong evidence—such as financial records and witness testimony—to demonstrate undue influence.
Beyond a Reasonable Doubt
This is the highest legal standard and is required in criminal cases where a defendant's liberty is at stake. It demands proof that leaves no reasonable doubt in the minds of the jury, ensuring a verdict is reached with near absolute certainty.
Common Case Types:
- Murder, assault, and robbery trials.
- Drug trafficking cases.
- Juvenile delinquency cases.
Example: In a murder trial, prosecutors must establish guilt beyond a reasonable doubt, meaning any remaining uncertainty must not be reasonable. If a jury believes there is a real possibility the defendant is innocent, they must acquit.
Probable Cause
This standard is lower than all others and is used by law enforcement before formal charges are filed. It allows for arrests, searches, and warrants based on reasonable suspicion of wrongdoing.
Common Applications:
- Police searches (e.g., searching a vehicle for illegal substances).
- Issuance of arrest warrants.
- Detaining individuals based on suspected criminal activity.
Example: If an officer smells alcohol and observes erratic driving, they have probable cause to stop the driver and conduct a sobriety test—even though it does not yet prove guilt in court.
Comparing the Standards
Each level of proof serves a distinct function in the legal system, balancing individual rights with the need for justice.
| Standard of Proof | Required Certainty | Application |
|---|---|---|
| Preponderance of the Evidence | 50% or slightly more | Civil cases (injury claims, employment disputes, contract breaches). |
| Clear and Convincing Evidence | 70-75% certainty | Fraud, wills and trusts, family law cases. |
| Beyond a Reasonable Doubt | 95-99% certainty | Criminal trials (murder, theft, drug offenses). |
| Probable Cause | Reasonable suspicion | Police arrests, search warrants, traffic stops. |
Legal standards of proof vary depending on case type and severity of consequences. Criminal cases require the highest certainty, ensuring individuals are not wrongfully convicted. Civil cases, dealing mostly with financial disputes, use a lower threshold of proof.
Meanwhile, probable cause allows law enforcement to act on reasonable suspicion, balancing personal freedoms with public safety. Understanding these distinctions clarifies how courts determine liability, responsibility, and justice.
Debunking Myths About Preponderance of the Evidence
The concept of preponderance of the evidence is often misunderstood, leading to confusion about how civil cases are decided.
Unlike the beyond a reasonable doubt standard in criminal trials, preponderance requires that one side’s evidence is simply more convincing than the other’s.
More Evidence Means a Guaranteed Win
- Misconception: Many assume that having more witnesses or documents automatically leads to victory.
- Reality: The number of witnesses or documents is less important than their persuasiveness and credibility. A single compelling piece of evidence can outweigh multiple weaker pieces.
For example, in a car accident case, a clear traffic camera video showing a driver running a red light carries far more weight than five conflicting eyewitness accounts.
Preponderance Means ‘Clear and Convincing’ Evidence
- Misconception: Some believe that proving a claim under preponderance means providing "clear and convincing" evidence.
- Reality: The clear and convincing standard is higher than preponderance and is used in specific cases like fraud or parental termination.
Preponderance simply requires that a claim be more likely true than not, meaning a probability of just over 50%.
Video and Digital Evidence Always Wins
- Misconception: People often assume that video recordings or digital records automatically determine case outcomes.
- Reality: While visual evidence can be powerful, all forms of evidence are weighed for authenticity, relevance, and credibility.
A video may lack context, be manipulated, or be ruled inadmissible, just as a well-documented contract dispute may rely more on email records than a grainy surveillance clip.
Credibility of a Witness is the Sole Deciding Factor
- Misconception: If a witness seems credible, their testimony alone is enough to sway the case.
- Reality: Witness testimony is just one piece of the puzzle. Courts evaluate all evidence collectively, including physical proof, expert opinions, and documents.
Even a highly credible witness may have flawed recollections or biases, making additional supporting evidence critical.
Expert Testimony Guarantees a Favorable Verdict
- Misconception: Expert witnesses always carry decisive influence in a case.
- Reality: While expert testimony can strengthen a case, it must align with other credible evidence to be persuasive.
A medical expert might testify that an injury is work-related, but if surveillance footage shows the plaintiff getting hurt outside of work, the expert’s testimony alone won’t win the case.
FAQs
What Is an Example of Preponderance of the Evidence?An example of preponderance of evidence includes written documents, audio/visual recordings, and witness testimonies.Does Preponderance Mean Majority?Yes, preponderance means the majority. Preponderance implies that there is more significant evidence to support that an event occurred than not.What Is Vast Preponderance?Vast preponderance is a specific legal term used to describe an overwhelming amount of evidence supporting one side in a dispute. What Is Heavy Preponderance?Heavy preponderance is a legal term that describes an amount of proof that is more than just substantial and carries greater weight than most other types. In a court of law, this could be enough to prove one's case beyond a reasonable doubt.
Do You Need Legal Assistance?
If you have a civil case needing legal assistance, call Schmidt & Clark, LLP for a free consultation session. Our experienced attorneys will help you understand your legal rights and obligations. We can help navigate the complexities of the preponderance of evidence cases and get the best outcome for you. Contact us today to learn more about how we can assist you.
References:
- https://www.law.cornell.edu/wex/preponderance
- https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt