The burden of proof refers to the level of evidence needed to convince a jury of your claims. In criminal trials, the burden of proof is “beyond a reasonable doubt.” This is an extremely high burden, making convictions difficult. In civil cases, the burden of proof is a “preponderance of the evidence.” In short, this means we must prove it is more likely than not that the defendant is liable.
To meet the burden of proof, our evidence must outweigh the defendant’s evidence and show it is more probable than not that the defendant is liable. This is a higher burden than it sounds like, and you need an attorney to help you. In some cases, we might have additional burdens of proof based on the claims or arguments we make. For example, we might need to prove punitive damages by “clear and convincing evidence.” Still, the defendant may have a burden to meet, depending on their arguments or legal strategies.
Receive a private, free case evaluation by calling our Georgia personal injury lawyers with Rice Law at (470) 287-3070.
How the Burden of Proof Applies to Personal Injury Cases
In most civil cases in Georgia, the burden of proof is a “preponderance of the evidence.” To satisfy this burden, we must present enough evidence to show that it is more likely than not that the defendant is liable for your damages.
This burden of proof is not quite as high as the burden in criminal cases, which is proof beyond a reasonable doubt. Even so, the civil burden of proof is not easy to meet. First, our evidence needs to outweigh the defendant’s. This does not just mean we present more evidence, but that we present stronger evidence. As such, having the strongest evidence possible is necessary to succeed.
Depending on your case and claims, you might have to meet another burden of proof. Certain claims must be proved by “clear and convincing evidence.” This is an even higher burden than a preponderance of the evidence and requires a much higher degree of certainty. This burden may come up when proving claims for punitive damages.
Remember, even if you cannot prove specific claims by clear and convincing evidence, you may still prove your overall claims by a preponderance of the evidence and win the case.
How to Meet the Burden of Proof in a Georgia Personal Injury Case
To meet the burden of proof, we must provide enough evidence to convince the jury that the defendant is more than not liable for your damages. Exactly what this means may vary from case to case, as each claim is unique. We might need a little or a lot of evidence for your case to meet the burden of proof.
How much evidence is required depends on the strength of each piece of evidence. Some evidence directly proves your claims, and little else is needed to meet the burden of proof. Other evidence might help establish important details needed to prove your claims, but additional proof is necessary to satisfy the burden of proof.
We may use evidence, including witness testimony, security camera footage, photographs of the accident scene, your medical records, and other relevant materials. Again, what we need for your specific case will depend on the unique facts of your case.
Who Has the Burden of Proof in Personal Injury Cases?
Generally, a personal injury case begins with the plaintiff having the burden of proof. However, depending on the type of claims and arguments presented, the burden may shift back and forth between the plaintiff and the defendant.
The plaintiff usually has the burden of proving their claims for damages by a preponderance of the evidence. The defendant has no burden and does not actually have to put on any evidence or witnesses. The defendant must be found not liable if the plaintiff fails to meet their burden, even if the defendant does not present any evidence at all.
The burden may shift to the defendant when certain claims must be proven. For example, if the defendant wants to raise an affirmative defense that would negate all civil liability, they have the burden of proving that specific defense.
Who Decides if the Burden of Proof Has Been Met?
The burden of proof is somewhat hard to pin down because the evidence needed to meet it may vary from case to case. Only the trier of fact in each case can decide whether the burden has been satisfied, and this determination can sometimes be a somewhat subjective one.
In a bench trial, the judge may determine whether the defendant is liable for your damages, and they may decide whether we have met our burden of proof. In a typical jury trial, the jury is the trier of fact and ultimately decides whether the burden of proof is satisfied.
Bench and jury trials often require different legal strategies. While judges are more inclined to decide based on hard facts and evidence, juries sometimes are influenced by emotions and everyday common sense.
Jury Instructions About the Burden of Proof for Personal Injuries
The burden of proof is a complex concept for the average person to grasp. As such, when juries must deliberate, the judge must give them clear instructions on how to determine if the burden of proof has been met.
Jury instructions are a normal part of the legal process. However, they are tricky, and if the instructions are unclear or biased, the entire case could be in jeopardy. The judge should instruct jurors on what the burden of proof is and how it may be satisfied. Jurors may then examine the evidence and decide liability.
If we believe the jury was improperly instructed, leading them to reach an unfair verdict, we can appeal the case.
Ask Our Georgia Personal Injury Attorneys for Legal Help Today
Receive a private, free case evaluation by calling our Savannah, GA personal injury lawyers with Rice Law at (470) 287-3070.