In the legal world, the “burden of proof” standard stands as a cornerstone of fairness and due process. It dictates which party in a legal dispute is responsible for presenting sufficient evidence to convince a court or jury of the validity of its claims. Understanding this concept is crucial for anyone involved in or thinking about filing a civil lawsuit in New York.
While criminal cases demand proof “beyond a reasonable doubt,” civil cases operate under a different standard, one that seeks to establish the greater likelihood of a claim being true. So, what is the burden of proof in New York State?
What Is the Burden of Proof in a Civil Case?
With lawsuits in civil courts, it is common for plaintiffs and defendants to wonder, “What are the rules of burden of proof?” Simply put, civil courts across New York commonly rely on the “preponderance of evidence” standard. In this case, you need to show that the opposing party’s actions were the most likely cause of your damages.
Preponderance of Evidence
Commonly referred to as the “more likely than not” standard, the preponderance of evidence standard requires that the party with the burden of proof present evidence that demonstrates its version of the facts is more likely true than not. You may think of it as a scale: a court will deem that the side with slightly more convincing evidence has met its burden.
This is a less stringent standard than the beyond a reasonable doubt standard required in criminal cases, where the prosecution must prove guilt to a moral certainty.
What Is the Burden of Proof in an Accident Case?
In most accident cases, the standard of proof that a plaintiff must meet is usually preponderance of evidence. This is because a typical accident case involves an injured party filing a lawsuit in a civil court, seeking compensation for his/her/their damages.
Who Has the Burden of Proof in a Civil Case in New York?
The plaintiff (the party that files a lawsuit) holds the burden of proof when it comes to civil cases in New York. Meeting this burden requires presenting all the evidence you have to show that your version of events holds the greater probability of being true than the defendant’s. The role of the evidence you present is crucial, and it can come in the form of:
- Photographs, videos, and surveillance footage.
- Eyewitness testimonies.
- Expert testimonies.
- Physical evidence.
- Medical records.
- Contracts, letters, emails, employment records, and public records.
Keep in mind that the law does not require defendants to present any type of evidence. If a plaintiff fails to meet the preponderance of the evidence standard to support a claim, a court will, in all likelihood, not hold a defendant liable.
Are There Different Standards of Proof in New York Civil Court?
While the preponderance of the evidence is the general standard, certain situations in civil cases require a higher standard of proof, which comes in the form of the “clear and convincing evidence” standard. This standard falls between the preponderance of evidence and beyond a reasonable doubt. It requires that the evidence must be highly probable and leave no serious doubt about the truth of the allegations.
Cases that require clear and convincing evidence typically involve:
- Fraud.
- Reformation of a contract.
- Termination of parental rights.
- Civil commitments.
- Guardianship and conservatorship.
- Challenges to wills and estates.
Conclusion
Understanding fundamental principles like the burden of proof in civil cases empowers you to better comprehend your rights and obligations within the New York civil justice system. However, navigating the intricacies of your case and ensuring that you are well-prepared to meet the required standard of proof can be challenging, and it’s crucial to present your case in the best light.
Given that filing a lawsuit and seeing it through to its logical conclusion requires in-depth knowledge of the law, you should consider using the services of a law firm that specializes in civil litigation. Then, you may look forward to a better chance of getting a favorable verdict.