The Burden of Proof is the legal standard required to prove a case in court. In Texas civil cases, which include personal injury lawsuits, the Burden of Proof is known as “preponderance of the evidence”.
This standard requires that a jury or judge find a greater than 50% chance that the Plaintiff’s version of the facts is correct.
In Texas personal injury cases, the following four elements must be established:
- The Defendant had a legal duty to the Plaintiff. This means that a reasonable person would have done, or not done, something different in the situation to avoid foreseeable injuries to the Plaintiff.
- The Defendant breached this duty through their action or inaction.
- This action or inaction caused the Plaintiff’s injuries.
- The Plaintiff sustained physical and/or economic damages in the incident.