When you’ve suffered critical injuries in an accident and someone else is at fault, you may have the right to financial compensation. However, personal injury claims are far different from the criminal charges the liable party may face as they relate to the accident and injuries you sustained.
One of the key differences between criminal and civil cases is the burden of proof. In personal injury claims, the burden of proof is based on a preponderance of the evidence as opposed to beyond a reasonable doubt.
Your attorney will be tasked with proving liability to the judge and jury to secure maximum compensation for your damages. Your Atlanta personal injury lawyer at Bader Scott Injury Lawyers will be prepared to advocate for your rights at trial.
A Preponderance of the Evidence
The burden of proof in personal injury claims is based on a preponderance of the evidence. This means your attorney will be responsible for proving to the judge and jury that the defendant is more likely than not responsible for causing your injuries. We do not necessarily need to prove that the defendant is responsible for causing your accident or resulting injuries beyond a reasonable doubt.
However, the evidence introduced must clearly indicate that the defendant is more than likely at fault for your damages. If your case is successful, you and your family may be able to recover compensation for every single way your lives have been affected by the injuries sustained and the accident you were involved in.
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How the Burden of Proof Differs in Criminal Cases
The burden of proof is much different in personal injury claims than it is in criminal cases. It is not unusual for liable parties to face both criminal and civil consequences when they are responsible for causing accidents and injuries. However, you do not have the authority to determine whether criminal charges will be filed.
The state’s prosecuting attorney, with help from local law-enforcement officials, will need to closely evaluate the evidence in your case to determine whether they are capable of proving guilt beyond a reasonable doubt.
In criminal court, the burden of proof is beyond a reasonable doubt because the criminal penalties of a conviction are severe. The defendant could be facing jail or prison time, registration as a sex offender, community service, fines, court-ordered substance abuse treatment, and other penalties.
Types of Evidence to Support Your Personal Injury Claim
Since the burden of proof in personal injury claims is based on a preponderance of the evidence, your attorney will need to conduct a thorough investigation into the cause of your accident to gather the evidence needed to support your case.
Proving negligence will be essential. The four following elements must be met to prove negligence in a personal injury claim:
- Duty of care
- Breach of duty
Your lawyer’s investigation into the cause of your accident and who is responsible can uncover compelling evidence to support your case. Some of the more powerful types of evidence that are used to win personal injury cases in Atlanta include:
- Photos of the victim’s injuries
- Photos of the accident scene
- Photos of any property damages
- Dashcam footage
- CCTV video
- Other video footage of the accident
- Cell phone records
- Chemical blood alcohol test results
- Accident reconstructionist reports
- Injury reconstructionist reports
- Safety inspection logs
- Eyewitness testimony
- Expert witnesses
These are only a few of the more common types of evidence that could be used to prove liability in your personal injury claim. Your attorney will need to closely evaluate the specific details of your accident to determine which evidence will be most impactful in your insurance and civil claims.
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What to Expect From the Personal Injury Claims Process
One of the top reasons injury victims do not move forward with personal injury claims is because the process is intimidating. However, if you had a better understanding of how the claims process worked, you may feel more empowered in your decision to seek justice. Bader Scott Injury Lawyers will keep you informed every step of the way so you never feel overwhelmed.
It is important to remember that every person’s personal injury claim is different. Some cases settle with the insurance company without having to go to court. Others require a combination of insurance and civil claims to recover maximum compensation. After examining the specific circumstances of your case, your attorney can give you a better idea of how the claims process may work for you.
Contact a Personal Injury Lawyer in Atlanta for Help
If you have been injured in Atlanta, you deserve compensation. When you are ready to hold the liable party accountable for their negligence, reach out to a trusted legal advocate you can count on.
Contact an Atlanta personal injury lawyer at Bader Scott Injury Lawyers to start working on your case as soon as today. Fill out our online contact form or call our office when you are ready to schedule your no-cost, risk-free consultation.