Burden of Proof

In the United States, most people understand the concept that a defendant is “innocent until proven guilty”. This notion is often referred to as the “benefit of assumption”, and the plaintiff, on the other hand, has the “burden of proof”. This means that the plaintiff has the obligation to use evidence to prove their position, and in civil cases, to show that they are deserving of the damages and compensation they are requesting.

Civil vs. Criminal

Every case has a different standard regarding the burden of proof. In criminal cases, because the punishment often involves the revocation and removal of many civil liberties including physical and financial freedom, and sometimes even death, the burden of proof is extremely high. A criminal defendant must be proven guilty “beyond a reasonable doubt”. In effect, there must be 100% certainty of guilt in order to convict.

Because the damages involved in civil cases are relatively minor compared to criminal penalties, the burden of proof is correspondingly lower. In most cases, a plaintiff rarely has the necessary resources to prove that a defendant is guilty “beyond a reasonable doubt”, and furthermore, many civil cases require much more subjective interpretation than criminal cases.

Preponderance of Evidence

The standards for every case are different, and it is up to the court to define the burden of proof. Cases involving millions of dollars in damages may require 75% certainty of guilt, whereas a case involving only a few thousand dollars may only require 25%. The “preponderance of evidence”, or the sum of all the evidence presented by the plaintiff, must at least meet or exceed the standard set by the court in order for a claim to be successful.

Contact Us

If you or a loved one has been injured as a result of negligence, contact the Pennsylvania wrongful death lawyer of Lowenthal & Abrams, P.C. today at 610-667-7511.