Because of the popularity of crime shows on television, most people in Buffalo have heard that when someone is accused of a crime, their guilt must be proved “beyond a reasonable doubt.” This high standard can make it very difficult to convict someone of committing a crime. This same standard, however, does not apply in non-criminal cases where an individual or company is accused of having caused injury to another.
In non-criminal (civil) cases involving personal injury, the usual standard of proof is “a preponderance of the evidence.” A preponderance of the evidence is often defined as evidence establishing that it is at least slightly more likely than not that the defendant is responsible for the injuries.
In very basic terms, in a personal injury case you must prove to the judge or jury that it is more likely than not that you suffered injury as a result of the negligence of the defendant. Because of this lower standard, it is generally easier to establish legal responsibility in a personal injury case than it is to establish guilt in a criminal case.
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