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What Is the Burden of Proof in Personal Injury Cases?


If you have experienced a personal injury, you might consider pursuing a legal claim to seek compensation for any expenses or losses resulting from the incident. However, winning a personal injury case requires you to meet a certain burden of proof. This legal standard can be daunting, so it’s essential to understand what it involves and how to meet it.

If you are considering filing a personal injury claim, our Johns Creek personal injury lawyers at Hawkins Spizman Trial Lawyers can help you build a strong claim and ensure that you meet the burden of proof to recover the compensation you deserve.

What Is the Burden of Proof in Personal Injury Cases?

The burden of proof refers to the obligation of the plaintiff (the person filing the lawsuit) to prove their case’s merits to the court. In a personal injury case, this means demonstrating that the defendant (the person or entity responsible for the injury) was negligent and that this negligence caused the plaintiff’s injuries. The burden of proof is usually described as a “preponderance of the evidence,” meaning that the evidence must show that it is more likely than not that the defendant caused the plaintiff’s injuries.

What Do You Need to Prove to Win a Personal Injury Case?

To win a personal injury case, you must demonstrate the following four elements: duty, breach, causation, and damages.

  1. Duty refers to the legal obligation of the defendant to act in a reasonable and prudent manner to avoid causing harm to others.
  2. Breach means that the defendant failed to fulfill this duty, such as by acting negligently or recklessly.
  3. Causation requires demonstrating that the defendant’s breach directly caused the plaintiff’s injuries.
  4. Damages refer to the economic and non-economic losses suffered by the plaintiff as a result of the injury, such as medical expenses, lost wages, pain and suffering, and emotional distress.

Get help from an experienced personal injury attorney to learn more about how you can prove the above-mentioned elements in your personal injury case. After the accident, you have only two years to file a lawsuit and recover damages pursuant to O.C.G.A. § 9-3-33.

Types of Evidence to Help You Prove Your Case

To meet the burden of proof in a personal injury case, you need to present convincing evidence that supports each of these four elements. Here are six types of evidence that can help you build a strong case:

  • Witness testimony. Eyewitnesses who saw the incident occur or can speak to the plaintiff’s injuries and their impact on their lives can provide powerful testimony.
  • Expert testimony. Expert witnesses, such as medical professionals or accident reconstruction experts, can provide specialized knowledge to help the court understand complex aspects of the case.
  • Physical evidence. Any physical evidence, such as photographs, video footage, or damaged equipment, can help reconstruct the incident and demonstrate the defendant’s negligence.
  • Medical records. Medical records, including diagnoses, treatment plans, and medical bills, can provide objective evidence of the plaintiff’s injuries and their impact on their life.
  • Your own testimony. The plaintiff’s own testimony about their experience of the injury and its impact on their life can also be compelling evidence.

It is essential to start gathering evidence for your case as soon as possible. Our lawyers at Hawkins Spizman Trial Lawyers can help you build a strong case to increase your chances of success.

Suffered a Personal Injury? Contact Hawkins Spizman Trial Lawyers

Winning a personal injury case requires meeting a burden of proof, which can be complex and challenging. If you have suffered a personal injury, seek the advice of our lawyers at Hawkins Spizman Trial Lawyers who can help guide you through the legal process. Our skilled personal injury lawyers serve all of Georgia, including Gwinnett County, Fulton County, and Cobb County, including Atlanta, Johns Creek, Sandy Springs, Alpharetta, and Dunwoody. Get a free case review by calling 770-685-6400.

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