What is The Burden of Proof in Civil Case?

Is the Burden of Proof Required in Most Civil Cases?

In the US, there are many types of civil litigation. For example, some parties seek relief from injuries they sustained in car accidents or altercations, while others seek relief from product defects, violations of contracts, or harassment in the workplace.

When individuals or businesses face a lawsuit, they must understand the principle of the burden of proof.

Ultimately, the burden of proof means that individuals or entities who are accused of wrongdoing are initially presumed innocent. Proving that the person or business is guilty lies with the prosecutor and the plaintiff.

Conversely, the accused party does not need to “prove” anything. The phrase “innocent until proven guilty” endures for a reason.

For example, let’s say two people are involved in a car accident, and it is one person’s fault. Imagine that the case goes beyond car insurance claims due to its gravity.

When the case proceeds to court, the guilty party who drove their car directly into the wrong lane and destroyed the other party’s property, is still considered innocent until proven guilty.

What Must the Person Prove to Win in a Civil Case?

In civil cases, the plaintiff has several duties. First, they must file a complaint and explain the basis for civil litigation. They must also attempt to establish the burden of proof and show the jury the facts of the case, and that the evidence backs up their claims.

While plaintiffs do not need to convince the jury that the other party is 100% at fault, they must convince the jury that their claims are likely true.

The burden of proof for prosecutors in criminal cases is higher than that for plaintiffs. In cases involving criminal wrongdoing, the prosecutor must prove the facts so that the jury believes they are true “beyond a reasonable doubt.”

In civil litigation, the plaintiff only must show that it is more likely than not that they are telling the truth.

Sometimes, an individual can escape criminal charges but then lose on civil charges because our legal system holds criminal cases to a much higher standard.

Is the Burden of Proof Required in Most Civil Litigation Cases?

In civil cases, the pressure is off the defendant. The burden of proof relies on the plaintiff; therefore, even if the defendant does not have much of a defense, if the plaintiff fails, the plaintiff loses.

Often, a defendant’s strategy is to cast doubt on the plaintiff’s claims; sometimes, that is all the defendant needs to do to prevail.

Some defendants work with an “affirmative” strategy of defense.

For example, a defendant accused of violence could claim self-defense. If this strategy proves successful, the burden of proof may fall on the defendant, who must prove the merits of their case. Typically, however, the burden of proof stays with the plaintiff.

How Can a Civil Litigation Attorney Help?

At Nakase Wade, our skilled attorneys have the utmost experience in civil litigation cases in California. Our goal is to help plaintiffs prove the facts of the case and obtain the outcomes they desire, and our legal record speaks for itself.

Contact our legal team today if you have questions about the burden of proof or simply want expert legal counsel regarding your civil case. We offer free initial consultations and promise to help you win your case and collect the damages you deserve.