Preponderance of the Evidence: Standard of Proof in Civil Cases

In a civil case in Michigan, the plaintiff must provide a preponderance of the evidence. If this individual cannot do so, they are unlikely to accomplish their desired case result. An Okemos civil litigation lawyer can help their client gather evidence that helps this individual compel a judge or jury to rule in their favor. 

To build a compelling civil litigation case, hire an attorney from White Law PLLC. For more information, contact our Michigan civil litigation lawyer. Also, check out our answers to some of the most common questions we get about the preponderance of the evidence in civil lawsuits.

What Is a Preponderance of the Evidence?

A preponderance of the evidence in a civil case relates to the burden of proof to verify a claim’s validity. The plaintiff in a lawsuit must provide a sufficient amount of evidence and witness testimony to show that what they are claiming is valid. If the plaintiff succeeds, a judge or jury is likely to believe that what this individual says is probably more true than untrue. 

For example, you can suffer an injury in a car accident in Michigan. You may have a wide range of evidence that you can present to show that the other driver in your crash was at fault. The evidence that you may be able to use to support your claim includes:

• Accident scene photos and videos
• Medical records
• Pay stubs
• Witness statements

In this scenario, a civil litigation lawyer in Michigan can help you prepare your case and present your evidence. At White Law PLLC, we understand the burden of proof for civil cases and can craft your legal strategy accordingly. To find out more, reach out to us. 

What Is the Standard of Proof in Civil Cases?

The standard of proof involves the amount of evidence that you must provide to get the result you want in your civil litigation. Typically, the standard is a preponderance of the evidence. Based on this amount of evidence, a judge or jury can determine if what you are saying is more likely than not to be valid. 

With the standard of proof, a “51 percent rule” commonly applies. For instance, the volume of evidence that you provide may exceed that which the defendant in your civil case delivers. If this happens, a judge or jury may be more inclined to rule in your favor than the defendant’s. 

There can be times when the standard of proof is elevated to include “clear and convincing evidence.” At these times, the plaintiff must be able to prove that what they are claiming is substantially more likely than not to be true. A civil litigation attorney in Michigan can help a plaintiff gather clear and convincing evidence and share it with a judge or jury. 

What Are Michigan’s Rules of Evidence?

You have the opportunity to present evidence in a civil case in Michigan. However, Rules of Evidence apply. If you do not follow these rules, certain pieces of evidence may be inadmissible in court. 

Physical evidence can be used to support your claim. Examples of physical pieces of evidence include documents, photos, and other objects. You can ask the court to share your evidence. 

If you utilize physical evidence, you may need to label and number it. Along with this, you may be required to provide copies of evidence for the defendant. You must also be able to authenticate your evidence, which involves being able to explain where, how, and when you retrieved it. 

How Does ‘Beyond a Reasonable Doubt’ Apply to Evidence in a Michigan Civil Case?

If you provide proof in your civil case that is considered “beyond a reasonable doubt,” this illustrates that the defendant is at fault and should be held accountable. A doubt is deemed reasonable if it is not based purely on speculation. It can arise due to evidence or a lack thereof. 

To highlight reasonable doubt in a civil case, consider an example that involves a car accident. You can sue a driver for an auto accident and claim this individual is 100% responsible. As part of your burden of proof, you prepare a body of evidence. 

In this example, you can offer video footage, police reports, and other pieces of evidence that make it clear to a judge or jury that the defendant was negligent and caused your crash. The judge or jury may decide that you have proven beyond a reasonable doubt that the defendant was fully at fault. If this occurs, the court is likely to award you 100% of the damages that you originally requested. 

Do I Need Evidence in a Civil Case in Michigan?

A judge or jury decides a civil case based on the preponderance of the evidence. If you do not provide any evidence, you could compromise your case. On the other hand, if you build a body of evidence, you are well equipped to meet the requirements for a judge or jury to provide you with a favorable ruling. 

Expect the defendant in your case to gather evidence to use against you as well. As an example, you may suffer a personal injury and post photos and videos of yourself on social media just after it happened. The defendant may look at your social media accounts and use these photos and videos as evidence in an attempt to show that your injury is not as severe as you claim it is. 

How you present your evidence has far-flung effects in your case. Any evidence you share should illustrate why the defendant in your case is at fault. It should also show that this individual harmed you or caused property damage that warrants compensation. 

How Can a Lawyer Help Me Meet the Standard of Proof in My Civil Case?

A civil litigation attorney can work with you to collect and review evidence and find the best way to present it to a judge or jury. The team at White Law PLLC can help you meet the standard of proof in your civil lawsuit. To schedule a case consultation, contact us today.