What Is the Burden of Proof in a Civil Case?

The “burden of proof” refers to the responsibility of proving a legal claim in court. In a civil case—like a personal injury or wrongful death lawsuit—the burden is on the plaintiff, the person bringing the lawsuit. In plain terms: If you’re the one filing the claim, it’s your job (with your attorney’s help) to prove that the other party is legally responsible for your injuries.

This is a critical but often misunderstood element of civil liability. Here, we take a closer look at the burden of proof, what it is, how it works, and why it matters.

The Standard in Civil Cases: Preponderance of the Evidence

In civil court, the burden of proof is known as a “preponderance of the evidence.” This means you must show that your version of events is more likely true than not. Unlike in criminal cases, you don’t need to prove that the defendant is responsible for what happened “beyond a reasonable doubt.” To win your case, the evidence only needs to tip the scales just over 50% in your favor.

Think of it like a set of balancing scales. If your evidence weighs slightly more than the defendant’s, you meet the burden of proof. It doesn’t require absolute certainty; it doesn’t require proving every detail beyond all doubt. It simply requires proving that it’s more likely than not that the defendant was negligent, and that their negligence caused your injury.

Why This Standard Exists

The preponderance standard reflects what civil law is meant to do: resolve disputes and award damages to people who’ve been wrongfully harmed. It’s about fairness, not perfection. That said, even though the burden is lower than in criminal cases, meeting it still requires strategy, skill, and strong evidence. That’s where a seasoned trial team like Arnold & Itkin makes all the difference.

While it may be easier to establish liability in a civil case than it is to prove guilt in a criminal prosecution, this does not mean that the burden of proof should be taken lightly. It is still critical to your case that you prove liability by a preponderance of the evidence. Without it, you won’t be able to recover compensation for your damages.

Who Has the Burden of Proof & When?

In almost all civil injury cases, the plaintiff starts with the burden of proof. That means you and your attorneys must present enough evidence to support your claim before the court will even consider awarding compensation.

Once the plaintiff meets that initial burden, the burden of production may shift temporarily to the defendant. This is their opportunity to offer counter-evidence or alternative explanations. But the burden of persuasion—the job of convincing the judge or jury—remains with the plaintiff throughout.

Let’s say you were injured in a truck accident. As the plaintiff, your legal team must prove:

• The truck driver (or their employer) owed you a duty of care.
• They breached that duty, for example, by speeding, ignoring traffic rules, or violating safety regulations.
• That breach caused your injury.
• You suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

Each of those elements must be proven by a preponderance of the evidence. If any one of them is missing or unsupported, your claim could fail.

What Counts as “Evidence” in Civil Court?

To meet the burden of proof, you need evidence. But what does that include? In a civil case, evidence can come in many forms:

• Witness testimony: From you, bystanders, first responders, or expert witnesses
• Medical records: To show the extent of your injuries and treatment
• Photos and video: From the accident scene, surveillance cameras, or vehicle dashcams
• Police or incident reports: Especially useful in motor vehicle crashes or workplace accidents
• Employment records: To show lost wages or reduced earning capacity
• Physical evidence: Damaged equipment, vehicles, or unsafe premises
• Expert analysis: From specialists in accident reconstruction, product safety, occupational hazards, and more

The value of persuasive evidence cannot be overstated. The more evidence you have, the more compelling your argument, and the more powerful your case will be.

Common Defenses & How They Affect the Burden of Proof

Once the plaintiff presents their case, the defense often responds with its own arguments. Some of the most common include:

• Denial of Responsibility: Claiming they didn’t cause the accident or weren’t involved
• Comparative Negligence: Arguing that the injured person was partly (or mostly) at fault
• Assumption of Risk: Claiming the injured party voluntarily accepted a known danger
• Pre-Existing Condition: Suggesting your injuries weren’t caused by the accident, but by something else

These defenses don’t shift the ultimate burden of proof, but they do create hurdles the plaintiff must overcome. Your legal team must be prepared to dismantle these arguments with evidence and legal strategy.

Affirmative Defenses: When the Defendant Bears the Burden

In most personal injury cases, the plaintiff carries the burden of proof—but that doesn’t mean the defendant has no responsibilities. If the defense wants to introduce an affirmative defense, they carry their own burden of proof.

An affirmative defense is more than just denying wrongdoing. It’s a claim that even if the plaintiff’s version of events is true, the defendant should not be held fully liable—or perhaps not liable at all—because of additional legal factors. To succeed with an affirmative defense, the defendant must prove it by a preponderance of the evidence, just like the plaintiff.

Contributory & Comparative Negligence

One of the most common affirmative defenses is contributory or comparative negligence. This means the defendant argues that the injured person was also partly at fault for their own injuries.

In some states, contributory negligence is a complete bar to recovery; if the plaintiff is even 1% at fault, they can’t recover anything. However, most states (including Texas and Louisiana) follow some form of comparative negligence, where your compensation is reduced by your percentage of fault. For example, if you’re found to be 20% responsible for the accident, your damages award would be reduced by 20%.

But here’s the key: It’s the defendant’s job to prove this defense. They must present credible evidence showing how and why the plaintiff contributed to the incident. The court won’t assume shared blame unless the defendant meets that burden.

Beyond the Basics: Higher Burdens in Some Cases

While “preponderance of the evidence” is the typical standard in most civil cases, there are some situations where a higher standard applies. For example, “clear and convincing evidence" may be required in cases involving fraud, punitive damages, or intentional misconduct. This standard is still lower than “beyond a reasonable doubt” but requires stronger, more persuasive evidence. Your attorney will know if your case involves a higher standard and will prepare accordingly.

Why the Burden of Proof Matters for You

The burden of proof isn’t just a legal technicality. It determines who has to prove what, how much evidence is enough, and ultimately whether you get the compensation you deserve. If you’re pursuing a personal injury claim, it’s your legal team’s job to meet that burden and to do it thoroughly, convincingly, and confidently. That’s why choosing the right law firm matters.

At Arnold & Itkin, we’ve built a reputation for taking on tough cases and winning big for our clients. We’ve secured billions of dollars in verdicts and settlements for people injured in offshore accidents, car crashes, plant explosions, and more. We know how to carry the burden of proof and deliver results.

Don’t Let the System Work Against You

Insurance companies and big corporations hope you don’t understand how the burden of proof works. They hope you’ll settle for less—or give up entirely—because proving your case seems too complicated or too hard.

That’s where we come in.

At Arnold & Itkin, we level the playing field. We investigate, prepare, and litigate like your future depends on it—because it does. If you’ve been injured and need answers, contact us today. We’re ready to fight for you and your recovery.