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Written by: J. Todd Tenge

What is Burden of Proof in a Personal Injury Claim?

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While the legal world has a lot of different jargon, there is a good chance you’ve heard of the concept of burden of proof.

So what is burden of proof?

Essentially, it is the amount of evidence that the prosecution needs to show to prove the defendant acted unreasonably, breached their duty of care, or harmed the plaintiff.

In criminal cases, the burden of proof is usually referred to as “beyond a reasonable doubt.” However, this level of proof isn’t required in a civil case, such as a personal injury lawsuit. Instead, the burden of proof in a civil case is proof by “preponderance of evidence.”

This means that as long as jurors mostly believe that negligence occurred, the defendant can be held liable for damages.

For example, if the plaintiff is able to prove that each element of the case is more likely true than not—say 51% likely—they win the case. However, it’s important to remember that the interpretation of evidence is up to the jury, so it’s important to have a strong argument going in.

At Tenge Law Firm, our Colorado personal injury attorneys understand what is at stake in many cases.

If you need an advocate dedicated to your recovery, give us a call at 303-665-2929 to schedule a free consultation.

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