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(314) 500-HURTThe preponderance of the evidence is the burden of proof standard in most civil and tort cases. To demonstrate a preponderance of the evidence, and thereby win a civil case, a plaintiff must convince a trier of fact that the defendant is more likely than not to be liable for the plaintiff’s damages. In other words, that there is a greater than 50 percent chance that the events occurred as the plaintiff alleges.
The preponderance standard differs from the beyond a reasonable doubt standard in criminal cases, where a jury must be convinced there is no other reasonable explanation for the crimes. In the late 1700s, lawyers and legal theorists began to question if civil cases, in the name of justice, really merited such a high burden as beyond reasonable doubt. In an 1801 criminal case in Delaware, State v. Crocker, a judge instructed the jury: Presumptive evidence, where there is a concurrence of circumstances convincing the jury, is sufficient. In civil cases a preponderance of evidence is sufficient for you to convict; in criminal, you should have proof.
Previously, jurors were told to “give a verdict as your consciences direct you,” or base their judgment on what they “think” or “believe.” After the preponderance standard was introduce in the late 1700s, the idea slowly picked up steam and became the law of the land for civil cases. As the Pennsylvania summarized in Karch v. Karch, 885 A.2d 535 (2005):
preponderance of the evidence is defined as the greater weight of the evidence, i.e., to tip a scale slightly is the criteria or requirement for preponderance of the evidence.
For example, in a car accident claim, you would only need to convince the jury, judge or mediator that the other party probably caused your injuries. This can be achieved through photographs, eye witness depositions, police reports and testimony from expert witnesses. In a slip and fall case, the fact finder would need to believe that the property owner likely should have known of the dangerous condition that injured you.
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Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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Genevieve and Laura have assisted me in my personal injury claim and have made the process so much less stressful. They are extremely knowledgeable, professional, and attentive. Laura is always on top of everything and very sweet. I had no idea how to navigate this process and they have made me feel at ease and like they truly cared about the outcome.
It has been a long 4 years, but it is finally over! Burger law did a great job handling my case. Grant Doty answered all my questions, promptly returned my phone calls, frequently kept me updated and insured me that he was fighting for me. Jennifer Zini also did a wonderful job, great customer service. It was pleasure getting to know the Burger Law team!
After a driver unexpectedly pulled out right in front of my motorcycle & I suffered injuries, the at-fault driver’s insurance company offered me a $10,000 settlement. I hired Burger Law & they won a $109,000 settlement. I was very happy with the outcome. They were easy to work with & fully explained each step of the process & kept me informed along the way.
At Burger Law | St. Louis Personal Injury Lawyer, we are a team of personal injury attorneys who have earned many distinctions and peer-reviewed awards for our civil litigation and trial work in Missouri and Illinois. A few of the honors we have earned include the Multi-Million Dollar Advocates Forum, Top 100 Trial Lawyer Award, a Martindale-Hubbell AV rating, Super Lawyers selection as one of the top attorneys in the field of personal injury and board certifications in Civil Litigation.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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