preponderance of evidence
The greater weight of the evidence.
"Greater weight" means more convincing, more probable, and more likely true than not true. In a civil case, the party with the burden of proof meets this standard by tipping the scale even slightly past 50 percent. It does not require certainty, proof beyond doubt, or the criminal standard of beyond a reasonable doubt. "Evidence" includes testimony, documents, photographs, physical damage, expert analysis, medical records, and other admissible proof the court or jury may consider. If the proof on one side is evenly balanced, that party has not met the standard.
This matters because most personal injury and auto collision lawsuits are decided under this standard. A plaintiff must prove, by a preponderance of the evidence, that the defendant was negligent, that the negligence caused the injury, and that compensable damages resulted. In practice, small differences in credibility, consistency, measurements, scene evidence, or medical proof can decide liability.
In Connecticut, the standard works together with the state's modified comparative negligence rule. Under Conn. Gen. Stat. ยง 52-572h, a plaintiff may recover only if the plaintiff's share of fault is not greater than 50 percent; at 51 percent or more, recovery is barred. If fault is 50 percent or less, damages are reduced by that percentage. Connecticut also places no general statutory cap on non-economic damages in ordinary personal injury or motor vehicle cases.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
Find out what your case is worth →