How evidence do I need?

UPDATED: Oct 1, 2022

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How evidence do I need?

A month ago, my neighbor’s dog kept escaping from his pen and chasing my cats. I had asked him to fix the pen because the dogs were very threatening. Recently, the dog has torn the front end of my car off and the bumper, also the dog killed one of my cats. I couldn’t get a picture of the dog attacking the car because he ran when he saw me. I do have pictures of the dog near the car and on my property, I also have pictures of its teeth marks and footprints. Do I need more evidence to have a case because he says that the pictures are not good enough.

Asked on August 30, 2018 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have enough that you may win a lawsuit (e.g. if you sue for the repair costs): you can show you have contacted the police, you evidently have pictures of its teeth marks on your bumper or car, and pawprints near the car, and you have your own testimony about how the dogs act. To win a lawsuit, you just have to prove your case by a "preponderance of the evidence," or that is is more likely than note that things occured as you claim they did. Your case just has to be fractionally more credible or believable than the alternative "story" or version of events (i.e. that your neighbor's dog did not do the damage). While no lawyer can every guaranty in advance that you will win a case, you seem to have enough to make a small claims case plausible and worthwhile.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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