The burden of proof for a negligence claim is “beyond a preponderance of the evidence”. A preponderance of the evidence is the lowest burden of proof. This means that the Plaintiff must show that it is more likely than not that the defendant was legally responsible for the subject accident and that their damages were more likely than not reasonable and related to the subject accident. More likely than not is 50.01% — you would get an F in school, but conceivably still win at trial. However, success at trial is not as easy as it seems. The Plaintiff still carries the burden of proof and must present evidence supporting all their claims at trial. This is not an easy task. Furthermore, due to tort reform legislation and insurance lobbying, there is a strong juror prejudice against Plaintiffs. These are obstacles we work diligently to overcome.
