In law, the truth only matters if you can prove it. That is the sobering reality that any personal injury victim seeking compensation must deal with. Georgia applies strict rules concerning what constitutes admissible evidence, how you may gather evidence, and how you may use it.
Types of Evidence
Georgia courts recognize three main types of evidence: real, demonstrative, and testimonial.
Real Evidence
Real evidence is a physical object that played a direct role in the case, for example:
- A damaged vehicle in a car accident;
- A bloody knife in a homicide prosecution, a wrongful death lawsuit, or
- Your wound, if you are pursuing a personal injury claim
The foregoing are three of a potentially unlimited number of possible examples of real evidence.
Demonstrative Evidence
Demonstrative evidence is a visual aid, such as photographs, video footage, a chart, a map, etc. that helps explain or illustrate a claim or defense. Examples include:
- A photograph of your wound in a personal injury case;
- A diagram of the scene of an accident; or
- A DNA analysis.
The distinction between real evidence and demonstrative evidence can be tricky. A photograph is demonstrative evidence, for example, but the object you photographed is real evidence.
Testimonial Evidence
The law recognizes two forms of testimonial evidence–lay witness testimony and expert witness testimony. A lay witness testifies about their own experience–what they saw or heard, for example. An expert witness testifies based on their specialized knowledge, skill, experience, training, or education.
The Georgia Evidence Code and Its Exclusions
The Georgia Evidence Code governs the admissibility of evidence in Georgia courts. It prohibits many different types of evidence, including the examples below.
Irrelevant Evidence
Evidence must be relevant. In other words, it must tend to make a fact at issue more or less likely to be true.
Hearsay
Hearsay is an out-of-court statement introduced as evidence to prove the truth of an assertion. The general rule is that hearsay is inadmissible, but Georgia recognizes dozens of exceptions.
Subsequent Remedial Measures
Suppose you sue someone because a dangerous condition on their property caused you to suffer a slip-and-fall accident. Further, suppose that they proceeded to repair the condition.
You cannot use the fact that they repaired the condition as evidence that it was dangerous in the first place. The purpose of this law is to encourage people to repair dangerous conditions on their property.
The Exclusionary Rule
Under the exclusionary rule, evidence that law enforcement gathered illegally (through an illegal wiretap, for example) can’t be used against you.
Attorney-Related Exclusions
The three main attorney-related evidentiary exclusions are the attorney-client privilege, the attorney’s confidentiality obligation, and the attorney work product privilege.
The Evidentiary Burden of Proof in a Personal Injury Case
At least initially, the injured victim has the burden of proof to present evidence in a personal injury case. The burden of proof standard is usually “by a preponderance of the evidence,” which is a much easier standard to meet compared with the “beyond a reasonable doubt” standard in criminal cases.
This standard essentially means that you must prove the legal elements of your claim (most injury claims are based on negligence) to the degree that they are at least 51% likely to be true. Another standard, “clear and convincing evidence,” may apply if you seek punitive damages. This is a middle ground standard relative to the two others discussed here.
An Experienced Columbus Personal Injury Lawyer in Georgia Will How To Gather Admissible Evidence
Gathering evidence is more difficult than it might initially appear. Some evidence, such as CCTV footage, disappears almost immediately. Other evidence, such as witness testimony, is subject to manipulation by opposing parties.
In addition, evidence tends to grow stale over time. If you believe you might have a viable personal injury claim, it’s best to act quickly to protect your rights. Contact the Mark Casto Personal Injury Law Firm at (706) 940-4030 in Columbus, Georgia, to get started with your claim.
Most injury attorneys offer free consultations, and they usually work on a contingency fee basis. That means that you only pay attorney’s fees if your lawyer successfully handles your case, whether through a jury verdict or settlement.
