“Preponderance of the Evidence” Standard in a California

In a California personal injury case, facts must generally be proved by a “preponderance of the evidence.” A plaintiff has proved a fact by a “preponderance of the evidence” if it is “more likely than not” that the fact is true.1

"Preponderance-of-the-evidence" requires a jury (or judge) to believe that the existence of a fact is more probable than its nonexistence.2

It is a lower standard of proof than “clear and convincing” evidence, which is generally used when a plaintiff is seeking punitive damages in a California personal injury case.

(It is also a much lower burden than proof “beyond a reasonable doubt,” the standard needed to convict a defendant in a California criminal case).

Example: Jeff claims that Kenneth ran a red light and smashed into his car. Jeff is suing Kenneth for compensatory damages of $145,000 (for medical bills, lost wages, car repair bills and pain suffering) plus punitive damages of $100,000.
To prevail on his claim for compensatory damages Jeff must prove by a preponderance of the evidence that Kenneth was at fault for the t-bone car accident.
But in order to get punitive damages, Jeff must prove by clear and convincing evidence that Kenneth acted with “malice, oppression or fraud.” In other words, he must prove that it was highly probably that Kenneth acted with recklessness (or at least more than ordinary negligence).

Injured in California? Call us for help…

california personal injury attorneys preponderance
Call (855) LAWFIRM to speak to an experienced California personal injury lawyer

If you or someone you know was injured due to someone else's negligence, gross negligence, recklessness or intentional wrongful act(s), we invite you to contact us for a free consultation.

Whether you were hurt due to a car accident, a “slip-and-fall,” a work accident, harm to your reputation or a defective product, our caring lawyers may be able to help.

Call (855) LAWFIRM to speak to an experienced California personal injury lawyer about your case.

We also have Reno and Las Vegas personal injury lawyers to serve your needs if you were injured in Nevada.

Legal references: 

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370