Saturday, February 9, 2013

Burden of Proof | Atlanta DUI lawyer

Burden of proof

Plaintiff has the burden of proving that defendant is liable for medical negligence that defendant failed to exercise the standard of care, and that such failure caused plaintiff's injuries. OCGA 24-4-1 (1995) burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of his case or defense the proof of such facts is essential. If the negation or negative affirmation is in all essential to a party's case or defense.

The burden of proof is determined by  pleadings, and where a party has the burden of proof to establish a fact by a preponderance of the evidence it remains on him throughout the trial unless the defendant admits a prima facie case by the plaintiff. The burden of proof includes both the burden of persuasion and the burden of production. The burden of production is a party’s duty to introduce enough evidence on an issue to have an issue decided by the factfinder, rather than decided against the party in a preemptory ruling such as summary judgment or directed verdict. Stated another way the term burden of proof has two applications. First is the necessity of establishing certain set of facts by evidence which preponderates to a legally required extent. This covers plaintiff's duty to convince the jury of all the necessary elements of medical negligence claim. That it is of necessity which rests on a party at a particular time during the trial to create a prima facie case in his own favor or to overthrow one when created against him. Contact an Atlanta dui lawyer to discuss the burden of proof in your case.

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