When most people think of legal cases, they picture dramatic courtroom scenes where a jury has to be convinced "beyond a reasonable doubt." That’s the standard for criminal cases—but in personal injury lawsuits, the standard is different. Instead of needing to prove guilt with near certainty, plaintiffs must meet a lower threshold: the preponderance of the evidence.
If you’ve been injured and are considering a lawsuit, understanding what “preponderance of the evidence” means can make a big difference in how you approach your case. This legal concept might sound technical, but it’s actually a straightforward idea: your version of the events must be more likely than not to be true.
We break down how the preponderance standard works, why it’s important in personal injury claims, and what kind of evidence can help tip the scales in your favor in the following article.
What Is the Preponderance of the Evidence Standard?
The "preponderance of the evidence" is the burden of proof in most civil cases, including personal injury lawsuits. It means that the plaintiff must show that it is more likely than not—greater than a 50% chance—that the defendant’s actions caused their injury.
Think of it like a set of scales. If the evidence in favor of the plaintiff slightly outweighs the evidence for the defendant—even just a little—the plaintiff meets the burden of proof. Unlike criminal trials, where jurors must be almost certain of guilt, civil juries only need to be persuaded that one side’s story is more believable than the other.
How This Applies in Personal Injury Cases
In personal injury cases, the plaintiff (the injured party) is responsible for showing that:
- The defendant had a duty of care
- That duty was breached
- The breach directly caused the injury
- The plaintiff suffered measurable damages as a result
These four elements must be proven by a preponderance of the evidence. That means the jury or judge must believe that your account of how the injury happened is more credible than the defendant’s version.
For example, in a car accident case, you might argue that the other driver ran a red light and hit your vehicle. If you can present witness testimony, traffic camera footage, or a police report that supports your claim, you’re building evidence that leans the scale in your favor.
Types of Evidence That Can Strengthen Your Case
To win your case, the quality and clarity of your evidence matter. The more complete and consistent your presentation, the more likely you’ll meet the preponderance standard. Common types of evidence include:
- Medical records: Documentation of your injuries and treatment
- Witness statements: Accounts and/or testimony from individuals who were present and witnessed the incident occur
- Photos or videos: Visual proof of the accident scene, injuries, or damage
- Expert testimony: Medical experts, accident reconstructionists, or safety professionals who can explain how the incident occurred and how it caused your injuries
- Police or incident reports: Official records that describe what happened and who was involved
Consistency across all these pieces of evidence helps create a clear, believable story.
How Juries Weigh the Evidence
When a jury is asked to decide a personal injury case, they’re instructed to consider all the evidence and decide which side’s version is more believable. They don’t have to be 100% sure—just reasonably convinced that it’s more likely than not that the plaintiff’s story is accurate.
Even if the defendant presents a defense, if the jury thinks your version makes slightly more sense or is supported by better evidence, you’ll meet the burden of proof. That’s why preparation and presentation are key.
What Happens If the Evidence Is Split?
If the jury believes both sides are equally convincing—or if they’re unsure who to believe—the plaintiff has not met the burden. In that case, the defendant wins by default, because the plaintiff failed to show that it was more likely than not that the defendant caused the injury.
This is why it’s important to gather as much strong evidence as possible early in your case. Without enough proof, even a seemingly obvious claim can be difficult to win.
Call Brandon J. Broderick For Legal Help
If you’ve been injured due to someone else’s negligence, don’t assume the truth will automatically come out. You’ll need to present a clear, evidence-backed case that shows your story is more likely true than not—and that’s where having the right legal team matters.
At Brandon J. Broderick, Attorney at Law, we know how to build personal injury cases that meet the preponderance of the evidence standard.
Contact us today for a free consultation.