When a victim of medical malpractice, a slip and fall or other type of personal injury decides to file a civil lawsuit in Atlanta, they are burdened with what is known as preponderance of evidence. This means that the plaintiff must be able to prove to a jury or judge that the defendant is actually liable for the injury. The acceptable level of proof is “more likely than not.”
In other words, the plaintiff must have a stronger case for the defendant having caused the injury than the defendant has that they did not. When a plaintiff provides a court with preponderance of evidence, they will win their case and be compensated according to law and, at times, the judge’s discretion.
For example, personal injury cases require the proving of four basic elements:
- The defendant had a duty of care to keep the plaintiff safe from hazard or injury;
- The defendant somehow breached that duty of care;
- The plaintiff was injured as a result of the breach of duty of care; and
- Those injuries resulted in damages.
If a plaintiff cannot prove these four elements in court, the lawsuit will not be successful. For this reason, a personal injury attorney in Atlanta will speak with the victim at length to determine if they have a winnable case prior to actually filing the lawsuit. If you have been injured due to someone’s negligence, consult an attorney to determine what you may be entitled to under current state law.