What is Burden of Proof?
The duty to prove disputed facts, which in civil cases means proving claims by a preponderance of the evidence (more likely than not).
Understanding Burden of Proof
The plaintiff bears the burden to prove all elements of their claims. "Preponderance of the evidence" means greater than 50% likelihood - much lower than the criminal standard of "beyond a reasonable doubt." The burden may shift for affirmative defenses.
Examples
- 1Proving defendant's negligence caused injuries
- 2Showing damages exceed $50,000
- 3Establishing all elements of medical malpractice
Related Terms
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Discovery
The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various methods including interrogatories, depositions, and requests for documents.
Deposition
Sworn, out-of-court testimony given by a witness or party that is recorded for later use in court proceedings. Depositions are a key part of the discovery process.
Demand Letter
A formal letter sent to an insurance company or opposing party outlining the facts of the case, injuries sustained, and the amount of compensation being sought.
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