When you’re injured in an accident, it wreaks havoc on your life. You suffer physically, of course, but there are also other detriments to your life, like emotional trauma and destruction of property. It can be an incredibly overwhelming experience. Once you assess the damage, you may wonder if there is a way to get financial restitution.
You can, of course, file a personal injury claim to seek compensation. But if you do, you will need to have solid proof that your injuries were caused directly by the incident. This is known as the burden of proof, and it’s on you.
In a Court Case, Here is Your Burden of Proof
The following four criteria must be met to meet the legal burden of proof:
1. Duty of care: This means that the involved party was responsible for remaining harmless in their actions.
2. Breach of duty: This means that they failed to act in a way that remained harmless, and their actions caused your injuries.
3. Causation: This means that you would not have been injured if the other party was not negligent.
4. Damages: This means that you incurred financial losses or pain and suffering.
· Does every case have the same burden of proof?
No, the burden of proof can vary depending on the circumstances involved.
· What is the burden of proof and preponderance of evidence
There is a certain standard of proof that must be met to win a case. This is known as the preponderance of evidence. In short, it means you must convince a jury that your version of the story is the truth.
Tort Law vs. Criminal Law
Tort law deals with civil wrongs. A civil wrong is an injury caused by negligence, recklessness, or an intentional act. Criminal law deals solely with crimes.
Proof Beyond Oral Testimony
Apart from your oral testimony, the court accepts other evidence. This evidence can include:
- Medical records of your treatment
- Photographs of the damage
- Official police reports
- Eye witness statements
- Testimony of experts
· A good injury knows where to look for proof and collect it
If you experienced an injury accident, speak with a skilled personal injury lawyer as soon as you can. An experienced lawyer helps gather the evidence you need to meet the burden of proof.
Who Decides Who Wins the Case in a Personal Injury Trial?
The verdict is decided by a jury of fellow citizens serving at the trial. The jury listens to witness testimony, reviews the evidence presented, and deliberates until they reach a verdict.
· The plaintiff has the burden of proof
In a personal injury case, the plaintiff or person suing must prove their case to the jury. The defendant is the person being sued and does not have to prove anything. They simply have to defend themselves.
· Burden of proof in the state of Georgia
In Georgia, the burden of proof in a personal injury case is by a preponderance of the evidence. The plaintiff must convince the jury that their version of the events is accurate.
· The jury will make the decision
The jury will consider the evidence presented and then deliberate to reach a verdict. The verdict will find for the plaintiff or the defendant. If the jury finds for the plaintiff, they will also decide the damages the plaintiff will receive.
How Dozier Law Can Help You Win Your Case
At Dozier Law, we understand the burden of proof and are committed to helping our clients meet it. We have a team of experienced personal injury lawyers who work tirelessly to gather the evidence needed to win your case. We will fight for your rights and only rest once you get the compensation you need.
What is the Burden of Proof?
The burden of proof is the standard of evidence that must be met to win a case. In a civil case, the plaintiff must convince the jury that it is more likely than not that their version of the events is true.
What Evidence Can Be Used for Proof?
Many different types of evidence can be used to meet the burden of proof in personal injury cases. This evidence could be:
· Medical records and bills
· Photographs and video
· Police reports at the scene
· Witness statements
· Expert testimony
How Can Dozier Law Help You Gather Evidence?
Our team of experienced personal injury lawyers has a proven track record of success in personal injury cases. We know what evidence convinces a jury and what evidence may not. By collecting and presenting evidence in a compelling way, we are confident that we can meet the burden of proof.
What Are the Benefits of Hiring an Attorney?
Hiring a personal injury attorney to help you with your case is a great advantage. In most cases, plaintiffs with legal representation win higher compensation than those without it. An attorney can help you:
· Understand the law and your rights
· Collect compelling evidence to prove your case
· Negotiate with the insurer
· Represent you in court
Learn More About the Burden of Proof in Lawsuits
We know it can be daunting to consider going to court in a civil matter. As a plaintiff, the burden of proof rests with your testimony and other evidence. And you only have one opportunity to convince a jury.
That’s why having an attorney is the best possible course of action in a personal injury trial. Your attorney knows you’re already suffering physically and emotionally, and they can handle all the stressful tasks for you.
Contact Dozier Law today for a free consultation if you have suffered a personal injury. With our help, you can get your life back on track.
