The Burden of Proof is the legal standard required to prove a case in court. In Texas civil cases, which include personal injury lawsuits, the Burden of Proof is known as “preponderance of the evidence”.

This standard requires that a jury or judge find a greater than 50% chance that the Plaintiff’s version of the facts is correct.

In Texas personal injury cases, the following four elements must be established:

1. The Defendant had a legal duty to the Plaintiff. This means that a reasonable person would have done, or not done, something different in the situation to avoid foreseeable injuries to the Plaintiff.
2. The Defendant breached this duty through their action or inaction.
3. This action or inaction caused the Plaintiff’s injuries.
4. The Plaintiff sustained physical and/or economic damages in the incident.