In the world after Deflategate we are all becoming familiar with the terminology,
“A preponderance of the evidence.” Recently, the NFL found
“by a preponderance of the evidence” that Patriot’s
quarterback Tom Brady had a general idea that footballs were being deflated.
What exactly does this mean for injured victims (Plaintiffs) trying to
prove their case in court? Well, the civil standard for an injured party
to prove that the defendant violated the safety rules in order to show
that the defendant was negligent is “by a preponderance of the evidence.”
Unlike the more stringent criminal standard of “beyond a reasonable
doubt,” the civil standard is more relaxed. Other ways to phrase
“preponderance” is simply to show that the Plaintiff’s
claim is, “more right than wrong” or “more likely than
Another way to explain it is that the Plaintiff has proven his/her case
51% out of 100%. The challenge for Plaintiffs is that many jurors feel
that the 51% burden makes it too easy for the Plaintiff and will fall
back to the more stringent criminal standard. Lawyers will constantly
remind jurors during closing argument to adhere to the civil standard.
If you are filing a
personal injury claim, retain the representation of a Boston personal injury lawyer from the
Law Office of Steven R. Whitman so that your rights are protected. Attorney Whitman can fight on your
behalf to help make sure that your case shows that liability does not
fall on you and that the other parties are responsible.
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