In any legal case, both criminal and civil, there is a burden of proof that must be satisfied for the court to make a ruling. The standards vary based on the specific circumstances of the case, and understanding what standard you must meet is critical for the outcome of your injury claim.
Burden of Proof
The burden of proof is the standard that a person must satisfy to prove their claim. The burden falls to different parties, depending on the case. For instance, in criminal cases, the prosecutor has the burden of proof.
The legal standards used in Georgia include:
- Beyond a reasonable doubt
- Clear and convincing evidence
- A preponderance of the evidence
- Reasonable suspicion
- Probable cause
The general rule in civil cases like personal injury is that the injured party must prove their case by a preponderance of the evidence.
What Does Preponderance of Evidence Mean?
The plaintiff in civil cases is the person who initiated the legal claim, and they are also the injured or harmed person who is seeking damages. The burden of proof is on the plaintiff in personal injury cases, meaning they must prove their claim by a preponderance of the evidence.
A preponderance of the evidence is proven if the plaintiff can show that the facts they are claiming are more likely than not. This may be accomplished by presenting evidence that the court will believe is likely true, and fewer pieces of more convincing evidence are often preferred to many pieces of less convincing evidence.
A Preponderance of Evidence vs. Beyond a Reasonable Doubt
The legal standard of beyond a reasonable doubt is used in criminal cases, and it is a more challenging test than a preponderance of evidence. The prosecution is required to establish the defendant’s guilt beyond a reasonable doubt to secure a conviction. If no other plausible explanation exists other than the one offered by the prosecution, the reasonable doubt standard is generally met. The jury must be practically certain of the validity of the prosecutor’s evidence and the defendant’s guilt.
The standard of proof in personal injury and premises liability cases is less severe, which means injured accident victims do not have to establish their case beyond a reasonable doubt. A preponderance of the evidence is a lower bar to reach, but it still requires considerable effort to ensure the at-fault party is held responsible.
Work with a Personal Injury Attorney to Meet Your Burden of Proof
Are you facing a car accident claim, premises liability case, or other personal injury claim? Flanagan Law has helped countless clients meet their burden of proof to establish, by a preponderance of the evidence, that the other party is liable for their accident. This is a steep burden on your own, but our accident attorneys make it manageable.
Contact us today to schedule your free consultation and discuss your case with us.
