Vincent W Davis The Lower Standard in Civil Matters - California Personal Injury Lawyers

The Lower Standard in Civil Matters

by Vincent Davis on July 16, 2013

As you all know by now George Zimmerman has been acquitted of Second Degree Murder. The Jury in the Zimmerman case felt that the Florida District Attorney’s Office failed to prove Zimmerman’s guilt beyond a reasonable doubt. However, just because Zimmerman was found not guilty does not mean his legal issues are resolved.

Zimmerman could still potentially be found liable in civil court for the wrongful death of Treyvon Martin. In criminal cases, the burden of proof for the District Attorney is high. It is the highest burden of proof, known as beyond a reasonable doubt. Put simply, if the Jury finds that there is a reasonable possibility that the defendant did not commit the crime; the law mandates that the defendant be found not guilty.

In civil cases, the burden of proof is significantly lower. The burden of proof in civil cases is by a preponderance of the evidence. The easiest way to describe this burden of proof is 51%. If they Jury finds that the defendant more likely than not committed the act alleged by the plaintiff than the defendant is liable, not guilty, for the damages suffered by the plaintiff. Contrary to beyond a reasonable doubt, preponderance of the evidence allows for the defendant to be found liable even if there is a reasonable possibility he did not commit the act alleged by the plaintiff.

Thus, while Zimmerman was found not guilty under the highest burden of proof, he still may be liable in civil courts for the wrongful death of Treyvon Martin because of the lower standard of proof.

 

To schedule a FREE, confidential, no obligation consultation with a Personal Injury Attorney from the Vincent W. Davis & Associates, call us at (626) 446-6442 or submit a FREE Case Evaluation Form. Email: [email]vince.davis@californiapersonalinjurylawyers.pro[/email]

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