BURDEN OF PROOF

BURDEN OF PROOF:

The legal requirement to prove allegations contained in a lawsuit or to prove the necessary facts required in order to prevail on a particular legal theory. A plaintiff typically has the burden of proof as to the allegations and legal theories contained in his, her or its complaint. This would include counter-plaintiffs in counterclaims, cross-plaintiffs in crossclaims and third-party plaintiffs in third-party complaints. A defendant has the burden of proof as to affirmative defenses. In a civil cases the burden of proof is a preponderance of the evidence or simply more probably true than not. Also, in civil some cases, such as fraud, there can be an intermediate standard, clear and convincing evidence. In a criminal case, the burden of proof is proof beyond a reasonable doubt.

The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.