What is a Tort?

A “tort” is an action that harms or negatively impacts another person. In personal injury and wrongful death cases, which our Atlanta law firm specializes in, tort law is applied to determine liability and compensation.

Who Has the Burden of Proof in a Tort Case?

In civil cases, such as personal injury lawsuits, the plaintiff has the burden of proof. This means they must demonstrate that their claim is valid by establishing duty, negligence, and proximate cause by a “preponderance of the evidence.”

What Does “Preponderance of the Evidence” Mean?

“Preponderance of the evidence” is the legal standard requiring the plaintiff to show that their claims are more likely true than not. While this standard does not require absolute certainty, it does mean the evidence should persuade a reasonable person that the plaintiff’s version of events is more believable than the defendant’s.

How Does Georgia Define “Preponderance of the Evidence”?

Georgia’s legal definition aligns closely with federal standards. The Georgia General Assembly modeled the state’s evidence code after the Federal Rules of Evidence, emphasizing that the standard requires evidence indicating that a fact’s existence is more probable than its nonexistence. This straightforward definition, adopted by the Georgia Supreme Court, ensures clarity and consistency in legal proceedings.