My name is Larry Nguyen and I live in Dallas and while traveling to Houston a crate fell off of a truck, hit my car, and the owner ran away. I was on the internet, looking around, searching up lawyers in Dallas and Mike Grossman came up and I decided to contact him. I visited the office and he was very friendly, helpful, and he described to me and explained everything what the process is going to be. It was quick, easy, and everything worked out great. If it happened to me again, I'd be right back here.

-L. Nguyen
Automobile Accident Case

Preponderance of Evidence

What Does Preponderance of Evidence Mean, and Why is it the Standard of Proof in a Personal Injury Case?

In personal injury cases in Texas, the burden of proof rests with the plaintiff, i.e. the injured victim. In other words, a liable party is considered innocent until proven to be liable for a victim’s injury.

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However, civil lawsuits are different from criminal lawsuits in the standard of proof that must be shown. As you’re likely aware, criminal cases must prove a defendant’s guilt “beyond all reasonable doubt.” In contrast, the standard of proof that must be shown in a civil lawsuit is known as “preponderance of evidence.”

Generally speaking, preponderance of evidence in a personal injury lawsuit means that a defendant is more likely guilty than innocent. If a plaintiff’s story, based on evidence, is more believable than a defendant’s story, according to a judge or jury, than a preponderance of the evidence can establish the link between a defendant and the injury incurred by the plaintiff. Criminal cases require a very strict standard of evidence in which an alleged criminal must be proven to have been guilty of a crime. In contrast, civil cases require a lesser standard of evidence in order to prove that a defendant was liable for a victim’s injury. Preponderance of evidence can be based on one highly important piece of evidence, or on a large volume of evidence that works as a whole to paint a picture of the defendant’s negligent behavior.

While preponderance of evidence is a less strict standard than that required in criminal cases, it is still a standard of proof that must be met with relevant evidence. Without evidence or testimony from eyewitnesses, an injured victim has no way to prove the connection between their injury and the liable party’s negligent behavior. With twenty years of experience in personal injury law, the Houston personal injury attorneys at Grossman Law Offices can help you investigate an accident site so that relevant evidence can be discovered in order for a preponderance of evidence to have an opportunity to be established in your personal injury lawsuit.


Some of Our Most Recent Successful Cases
$180,000.00 Recovery - Automobile Accident (Soft-Tissue Injuries and Labor Complications)
Recovery for pregnant car accident victim who suffered a premature delivery and soft tissue injuries.
Total Recovery:
$180,000.00
Attorney Fees:
$38,333.00
Litigation Expenses:
$138.00
$40,000.00 Recovery - Medical Malpractice (Sexual Harassment by a Medical Provider)
Recovery for client who was sexually harassed by a medical provider.
Total Recovery:
$40,000.00
Attorney Fees:
$16,000.00
Litigation Expenses:
$575.00
$80,565.00 Recovery - Automobile Accident (Back Injury)
Recovery for woman who suffered a back injury in a car accident.
Total Recovery:
$80,565.00
Attorney Fees:
$32,226.00
Litigation Expenses:
$1,600.00
$550,000.00 Recovery - Workplace Accident (Closed-Head Injury)
A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff's employer and the general contractor.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$20,465.00
$200,000.00 Recovery - Automobile Accident (Closed Head Injury)
Recovered for car accident victim who suffered a closed head injury.
Total Recovery:
$200,000.00
Attorney Fees:
$66,666.00
Litigation Expenses:
$1,500.00
$50,500.00 Recovery - Premises Liability Accident (Contusions and a Soft-Tissue Knee Injury)
Recovery for client who suffered contusions and a soft tissue knee injury in a slip and fall.
Total Recovery:
$50,500.00
Attorney Fees:
$19,102.00
Litigation Expenses:
$265.00
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00
$90,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries and Leg Contusions)
Recovered for client who suffered soft-tissue back injuries and leg contusions in an 18-wheeler accident.
Total Recovery:
$90,000.00
Attorney Fees:
$30,000.00
Litigation Expenses:
$562.00
$875,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.
Total Recovery:
$875,000.00
Attorney Fees:
$288,750.00
Litigation Expenses:
$2,500.00
$102,500.00 Recovery - Commercial Vehicle Accident (Both Legs Broken)
Recovery for client who suffered injuries to both legs in a truck accident.
Total Recovery:
$102,500.00
Attorney Fees:
$40,833.00
Litigation Expenses:
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