Whether the nature of a case is civil or criminal, the person who brought the case has the legal obligation of meeting a certain burden of proof. That burden might be a preponderance of the evidence, clear and convincing evidence or beyond a reasonable doubt. A preponderance of the evidence is the lowest burden of proof, and it’s used in most civil cases like personal injury cases. What a preponderance of the evidence means is that a party’s version of events is more likely true than not true. The highest burden of proof is on the prosecution in a criminal case. That burden is beyond a reasonable doubt. Therefore, this means that there was no other reasonable explanation that can be discerned from all of the evidence in a trial. Somewhere between a preponderance of the evidence and beyond a reasonable doubt is clear and convincing evidence.
It’s Somewhere in Between
California courts have gone to great lengths not to place clear and convincing evidence on the same footing as beyond a reasonable doubt. They’ve conjured up many different formulations. But regardless of those characterizations, the weight of authority agrees that clear and convincing evidence is simply a middle level burden of proof. A judge will tell a jury what facts in a case must be proved by clear and convincing evidence. Pursuant to CACI No. 201, the jury must be persuaded that it’s highly probable that the facts are true.
Clear and Convincing Evidence in Personal Injury Cases
One of the most common situations when they need clear and convincing evidence in a personal injury case is when a victim is seeking punitive damages. For example, to be eligible for punitive damages, they will firs award compensatory damages on a preponderance of the evidence standard. Then, the issue of any punitive damages to be awarded would be decided on a clear and convincing evidence standard. Note that punitive damages awards are unusual in personal injury litigation. The victim must clearly and convincingly show that the defendant acted with either malice, oppression or fraud. Driving negligently just doesn’t meet that standard unless the defendant was under alcohol influence, high or both at the time of a personal injury accident.
Consult with an experienced and effective personal injury attorney
You’ll want to consult with an experienced and effective California personal injury attorney to learn what burden or burdens of proof might apply to your case. In all likelihood, it’s limited to compensatory damages that are subject to a preponderance of the evidence. No matter where you might be in California, contact our personal injury lawyer at Maison Law. We will give you a free consultation and case review as to the burden of proof in your case. We will answer your questions, and advise you accordingly. Keep the fact in mind that nearly all liability insurance companies exclude punitive damages from coverage.
Contact a Personal Injury Lawyer
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice and personalized attention to detail their case deserves.
