Burden of proof is the legal requirement that determines which party in a personal injury lawsuit must prove their version of events and how convincing their evidence needs to be for them to win the case. In personal injury cases, the injured person (plaintiff) bears the burden of proof, meaning they must present evidence to convince the judge or jury that the defendant caused their injuries through negligence or wrongdoing. The plaintiff cannot simply make accusations - they must provide concrete evidence such as witness testimony, medical records, expert opinions, and other documentation to support their claims about what happened and how they were harmed.
In most personal injury cases, the burden of proof is "preponderance of the evidence," which means the injured person must show that their version of events is more likely true than not true - essentially, at least 51% probable. This is a much lower standard than criminal cases, which require proof "beyond a reasonable doubt," making it easier for injury victims to win civil lawsuits than it would be to convict someone of a crime for the same incident. If the plaintiff fails to meet their burden of proof on any essential element of their case - such as proving the defendant was negligent, that the negligence caused their injuries, or that they suffered actual damages - they will lose the lawsuit even if the defendant presents no evidence in their own defense.
