The burden of proof refers to your legal responsibility to present enough evidence to support your personal injury claim. There are different standards of proof depending on the type of case. In criminal cases, the standard is “beyond a reasonable doubt.” But in civil matters, such as personal injury claims, the standard is significantly lower.

In a Georgia personal injury case, you must prove your claim by a preponderance of the evidence.

What Does “Preponderance of the Evidence” Mean?

“Preponderance of the evidence” is the legal threshold used in most personal injury cases. It means that your version of events is more likely true than not. You must prove there is more than a 50% chance that the defendant’s actions caused your injury.

Most personal injury claims are based on negligence. To meet the burden of proof, you must establish the four legal elements of negligence:

1. Legal Duty

You must show that the defendant owed you a legal duty of care. For example, all drivers in Georgia are expected to follow traffic laws and drive with reasonable care to prevent harm to others.

2. Breach of Duty

You must prove that the defendant breached that duty by acting in a careless or unsafe manner—such as by running a red light, speeding, or driving under the influence.

3. Causation

You need to prove that the defendant’s actions directly and proximately caused your injuries. If the accident would not have happened but for the defendant’s behavior, causation may be established.

4. Damages

You must show that you suffered harm—such as physical injuries, financial losses, or emotional distress—as a result of the breach.

What Evidence Helps Prove a Georgia Personal Injury Claim?

The type of evidence required depends on the facts of your case. However, the following are common forms of evidence used to meet the burden of proof:

Witness Testimony

Eyewitnesses can offer neutral, third-party accounts of how the accident occurred and who was responsible. Testimony from the parties involved may be biased, but unbiased witnesses often strengthen your case.

Photos and Video Footage

Visual documentation of the accident scene or injuries can be persuasive evidence. Video may capture the incident in real-time, and photos can show physical damage, road conditions, and other key details.

Medical Records

Medical documentation shows the severity and cause of your injuries. Prompt treatment also establishes a direct connection between the accident and your injuries.

Expert Witnesses

In more complex cases, experts such as accident reconstructionists, medical professionals, or financial analysts may testify to help the jury understand the cause and impact of your injuries.

What If I Am Seeking Punitive Damages?

If you pursue punitive damages—which are meant to punish particularly harmful or reckless behavior—you must meet a higher standard: clear and convincing evidence.

This means you must prove that it is highly probable the defendant acted with malice, fraud, oppression, or a willful disregard for your safety.

Schedule a Free Consultation With a Georgia Personal Injury Lawyer

Proving liability in a personal injury case can be challenging, especially if the insurance company is disputing fault or damages. At Kunnatha Lawson LLC, we understand Georgia's legal standards and how to gather the evidence needed to meet the burden of proof in your case.

If you’ve been injured in Georgia and need help pursuing compensation, call 678-446-3655 today to schedule a free consultation with a personal injury attorney at Kunnatha Lawson LLC.