Burden of Proof in Personal Injury Cases

The burden of proof in a tort case, as in other civil lawsuits, is lower than the proof required in criminal law cases. In a criminal case, the government must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's tortious actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions but be found liable in a civil lawsuit stemming from the same actions.

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