What is the standard of proof in a civil case?

What is the Standard of Proof in a Civil Case?

Different types of cases have different standards of proof.

In DC, Maryland, and Virginia, the standard of proof in a civil case – like an injury after a car crash or a contract dispute – is a preponderance of the evidence. This can also be thought of as more than 50%, more likely than not, or a mere tipping of the scales of justice. This burden of proof is on the plaintiff to prove their case 

In a civil suit, the standard of proof is different than in a criminal case. In a criminal case, the burden of proof for the prosecution is to prove beyond a reasonable doubt that the defendant is guilty.

In some special cases like claims for fraud, there is a higher burden of proof known as clear and convincing evidence which falls somewhere between preponderance of the evidence and beyond a reasonable doubt.

In all of these cases the burden of proof is on the plaintiff (the injured party or claimant), or the prosecution in a criminal case. If the plaintiff or prosecution fails to meet their burden, then the defendant wins.

The defendant in a case may claim an affirmative defense such as assumption of risk or contributory negligence. If the defendant makes that claim, then he has the burden of proof to prove by a preponderance of the evidence that there is a legal reason he is not at fault. This is known as burden-shifting.