Preponderance of Evidence

When filing a lawsuit, the degree to which the plaintiff (or claimant) must prove the defendant’s guilt varies depending on the crime. In civil cases, including personal injury, it must be more probable that the defendant is guilty rather than innocent; however, in criminal cases, it must be proven that the defendant is guilty “beyond all reasonable doubt.” The severity of punishment affects the extent to which a person must be proven guilty.

If you or someone you know is considering filing a personal injury claim, contact the Harrisburg personal injury attorneys of Lowenthal & Abrams, P.C. for a free case evaluation. Call 610-6657-7511 today to schedule your free consultation with an experienced attorney who can help you determine your legal options.

Civil Cases

When injured in an accident caused by another party’s negligence, the claimant must be able to gather enough evidence to make it more than 50% probable that the accident (and subsequent injuries) were caused by the defendant’s negligence. This “preponderance,” or majority, of evidence, must point to the defendant. The majority rule exists because most personal injury cases would be unable to prove “beyond all reasonable doubt” that the defendant was guilty.

Compensation

Once a “preponderance of evidence” has been presented, the amount of compensation must be determined. Quantifying the victim’s losses may be difficult; however, after the total amount is agreed upon, the defendant will be required to pay the percentage that he or she was responsible for causing. For example, if it is determined that the defendant’s negligence contributed to 65% of the accident, they will be required to pay 65% of the victim’s total loss.

Contact Us

If you have been injured because of another party’s negligence, you may be eligible to receive compensation for damages. Contact the Harrisburg personal injury lawyers of Lowenthal & Abrams, P.C. at 610-667-7511 to discuss the details of your case.