Habush Habush & Rottier S.C. ® > Articles > Preponderance Of Evidence

Preponderance of Evidence

In criminal and civil cases, the defendant must be proven guilty through the collection of evidence. In criminal cases, the jury must find the defendant guilty "beyond all reasonable doubt" because the consequences of conviction can involve imprisonment or death. In civil cases, however, the defendant is found guilty if it is more likely that the charges are true than untrue.

If you or someone you know has been victimized by another party’s negligence, you may be entitled compensation. Contact an experienced Appleton personal injury attorney of Habush Habush & Rottier S.C. ® to discuss your legal options. Call 800-242-2874 today to schedule a free initial consultation.

Proving Guilt

The standards for establishing guilt in a civil case such as a personal injury claim are much less than in a criminal case. The claimant must merely prove that the defendant is more likely guilty than innocent. In other words, the claimant needs evidence that it is more than 50% probable that the defendant’s actions are responsible for the claimant’s injuries.


Once determined to be more guilty than innocent, the amount of compensation that the defendant will have to pay must be determined. The compensation received will depend on what percentage of the claimant’s injuries the defendant is determined responsible for causing. For example, if 75% of the injury was caused by the defendant’s negligence (and the other 25% by circumstance), the defendant will be required to pay only 75% of the victim’s damages.

Contact Us

If you have been injured by another party’s negligence, you deserve compensation for your losses. Contact the Appleton personal injury lawyers of Habush Habush & Rottier S.C. ® at 800-242-2874 to speak with a qualified attorney about the details of your case.