Burden of proof is a legal requirement that requires clear evidence to establish the other party’s fault and contribution to your injuries. When filing a personal injury claim in Columbus, GA, this element must be shown before a decision can be made regarding your eligibility for compensation.
The Purpose and Impact of the Burden of Proof
The burden of proof in a case means that a fact must be legally established in a matter, and the scope of this obligation varies between criminal and civil cases. In a personal injury claim, the claimant has the burden of proof to establish the defendant’s negligence in the case. In order to do so, there must be a preponderance of the evidence to show that more than 50% likely that the claim is true.
By sufficiently satisfying the burden of proof in your case, you are allowed to recover compensation for your losses. You could be denied if you have not adequately shown and persuaded an insurance company or a judge and jury of the other party’s fault.
How Georgia Courts Apply the Burden of Proof Now
In a recent case, the Georgia Court of Appeals clarified the jury instruction regarding the burden of proof. The court held that preponderance of the evidence means that something is more likely true than not.
Before that case, Georgia revised its definition of the “preponderance of the evidence” standard in civil cases after adopting a new evidence code. Before the revision, the definition referred to “reasonable doubt.” However, after the update and until the case above, the statute removed the definition, leaving the standard of “preponderance of the evidence” open to interpretation.
Since the Georgia Court of Appeals decision, Georgia’s civil standard now more closely aligns with the federal approach and avoids confusion among juries. As a result, jury instructions in Georgia are being updated to reflect the clarified standard.
How the Burden of Proof is Satisfied in a Personal Injury Case
For personal injury cases, negligence must be demonstrated clearly before a decision is reached. To fulfill the burden of proof, four elements must be established and thoroughly reinforced with evidence.
These include:
- Duty of care: The at-fault party was responsible for being reasonably cautious and keeping you from harm.
- Breach of duty: The at-fault party acted carelessly or with intentional disregard of their responsibility to you.
- Causation: The at-fault party’s actions were responsible for causing the accident and your suffering.
- Damages: The at-fault party must pay for your damages once they are found liable.
Only after each of these elements is demonstrated can compensation be discussed. Each party’s role in the accident impacts how damages are awarded, so the burden of proof is essential for clearly designating who is at fault.
When the Burden of Proof Results in Shared Fault
It is important to note that in some situations, the evidence may show that more than one party is at fault for the accident that resulted in your injury. When this happens, Georgia’s modified comparative negligence law dictates how these circumstances are to be handled in light of compensation.
Each party is assigned a percentage that represents their determination of fault. Compensation is then reduced proportionately to the percentage of fault. Those responsible for more than 50% of the accident may not recover any damages.
The Importance of Evidence in a Personal Injury Case
The outcome of your case rides on the strength of the evidence that is collected. Evidence substantiates your claim tangibly and makes it harder to refute. The more evidence you have, the stronger your case becomes, which helps ensure you will be able to reach the 50% or higher threshold required for your case.
Evidence you can use in your case to fulfill the burden of proof includes:
- Police reports
- Medical records, bills, and documentation
- Estimates for repairs and other applicable expenses
- Photos and video footage
- Witness statements
- Expert witnesses
Each type of evidence serves a distinct purpose, and together you and your attorney create a clear picture of what transpired. It not only demonstrates the other party’s role in the accident, but it also shows the extent and severity of your injuries, suffering, and other relevant losses.
What are the different types of burdens of proof?
Depending on whether you are dealing with a civil or criminal case determines what burden of proof you will have to deal with.
There are three:
- Beyond a reasonable doubt: This strict standard is for criminal cases and requires the prosecution to prove the defendant’s guilt to such a level that no reasonable person would question it.
- Preponderance of the evidence: This “more likely than not” standard is mostly applied to civil cases, including personal injury claims.
- Clear and convincing evidence: Depending on the severity of the situation, like a case involving fraud or certain civil rights claims, this standard may apply. It demands a higher level of certainty than a preponderance of evidence but is not as stringent as beyond a reasonable doubt.
An experienced lawyer will be able to explain the differences in detail.
Contact a Skilled Columbus Personal Injury Lawyer
Meeting the burden of proof can be difficult in some cases. A good lawyer knows the law like the back of their hand and can help you through every step. Mark Casto Personal Injury Law Firm will work to find proof of negligence, talk to the right experts, and stand up for you in court.
Contact us today at (706) 940-4030 for a free consultation.
