FAQ: What is the Preponderance of Evidence?

In Texas personal injury lawsuits, the burden of proof is based upon a preponderance of evidence standard. In other words, the plaintiff must show that it is more likely than not that the defendant caused the accident, and that injuries received by the plaintiff were as a result of that accident.

The actual amount of evidence is irrelevant. The jury must simply find the plaintiff’s evidence more convincing than the defendant’s.

Certain elements of a personal injury lawsuit, such as punitive damages, are held to a clear and convincing evidence standard. This means that the evidence must produce a firm belief or conviction of the truth of the allegations.

In criminal law, the burden of proof based upon a reasonable doubt, a much higher standard.