The burden of proof establishes which party to a lawsuit is required to present evidence. Furthermore, it sets forth the degree to which that evidence must support their claims. Understanding the burden of proof is crucial for any plaintiff’s claim to succeed.
The burden of proof in a personal injury case in Georgia requires that plaintiffs show by the preponderance of the evidence that their case is valid. To put it simply, plaintiffs must gather evidence that shows it is more likely than not that their claims are true. There are various forms of evidence that can be utilized when satisfying the burden of proof.
If you sustained a personal injury in Georgia, get help proving your case. Contact our experienced Georgia personal injury lawyers today by calling Howe Law at (844) 876-4357 for a free case review.
Satisfying the Burden of Proof in a Georgia Personal Injury Case
In Georgia, personal injury plaintiffs must show with a preponderance of the evidence that their claims are true. In other terms, you are required to demonstrate that it is more likely than not that your claims are accurate. This standard will be used by Georgia courts in every personal injury claim. There are other standards of proof that may apply to other types of cases. For example, in criminal trials, prosecutors must establish guild beyond a reasonable doubt. That standard is much more demanding than the standard placed on Georgia personal injury plaintiffs.
Even so, meeting the preponderance of the evidence standard can still be a complicated task. Defendants are often represented by insurance companies who may hire lawyers, doctors, private investigators, and expert witnesses to poke holes in plaintiffs’ cases. The support of our experienced Alpharetta personal injury lawyers can be very beneficial when analyzing and satisfying the burden of proof in your case.
Forms of Evidence Used to Satisfy the Burden of Proof in Georgia Personal Injury Cases
There are many different forms of evidence utilized by our legal team when meeting the burden of proof. Our team can help gather any of the following types of evidence in your case:
Surveillance footage is utilized to satisfy the burden of proof in many Georgia personal injury cases. For instance, after a slip and fall accident at a grocery store, security camera footage can be used to demonstrate factors that contributed to the accident. Further, after an intersection accident, traffic camera footage may be used to show which driver was responsible for the crash. In any case, our attorneys can help recover copies of pertinent surveillance footage in your case.
When seeking compensation for a personal injury, it is hard to tell which details surrounding an accident may become important at a later date. Furthermore, it is very easy for victims to forget some of the smaller details related to their injuries. Accordingly, you should record a personal recollection of the accident that caused your injuries while your memory is fresh. This recollection can help our Atlanta personal injury lawyers when building your case and meeting the burden of proof.
Photos from the Scene of an Accident
Additionally, photos from the scene of an accident are another common type of evidence used to meet the burden of proof. Photos can be used to prove or disprove theories regarding the cause of a particular accident. For instance, after a slip and fall accident, photos of a faulty light fixture may be used to show that the accident occurred because of poor lighting. Furthermore, after a car accident, photos from the scene showing clear weather can be used to disprove a defendant’s assertion that a crash occurred because of foggy conditions.
Expert Witness Testimony
Expert witness testimony may also be used by Georgia personal injury plaintiffs to satisfy the burden of proof. An expert witness is considered an expert because they have garnered the requisite education, training, and experience. These witnesses are helpful when explaining complex theories of fault. For instance, an engineering expert may be called to explain how a construction accident was caused by a defective tool. Furthermore, after an accident on a highway, an accident reconstruction expert may be summoned to testify as to which driver caused the collision at issue.
Accident reports are can also be a valuable tool when satisfying the burden of proof in a Georgia personal injury lawsuit. After an accident, an official report may be drafted that points to the accidents cause. For instance, after a car accident, a police officer should visit the scene to draft an officer’s accident report. Alternatively, after a slip and fall accident at a restaurant, employees that were working at the time may be asked to create an accident report. You should contact our auto accident attorneys in Atlanta for help obtaining a copy of an official accident report in your case.
What the Evidence Must Show in a Georgia Personal Injury Case
Every personal injury case is unique. There are various legal strategies and analyses that can be applied to your case. Still, in every lawsuit, personal injury plaintiffs in Georgia must gather evidence that establishes the following general elements:
- The defendant was under a duty of care
- The defendant failed to adhere to their duty of care
- You sustained injuries because of the defendant’s breach of duty
- You suffered damages because of your injuries
Determining whether these elements are present can be a complex process. Victims can reach out to our Savannah, GA car accident law firm for help analyzing these elements and assessing the strength of their potential cases.
If You Suffered an Injury in Georgia, Our Lawyers Can Help
Get help from our experienced Columbus personal injury lawyers by calling Howe Law at (844) 876-4357 for a free case review.