To win a Georgia personal injury case, you must prove that the party you’ve sued bears legal responsibility for your injuries and losses. In most circumstances, this means establishing that the person exhibited negligence, a legal concept that has four distinct elements, all of which must be met in order for you to win your claim.
An experienced Georgia personal injury attorney from Sherrod & Bernard, P.C., can investigate your accident claim, recover evidence to build a strong case, and determine an effective legal strategy to prove the other party’s negligence.
What Is the Legal Definition of Negligence?
Negligence is a legal term that describes a form of carelessness. The law defines it as a type of tort (a violation of a private legal right other than breach of contract) that occurs when someone fails to exercise a required duty of care, causing someone else injury. Duty of care is a person’s duty to exercise proper care or caution to protect others from unnecessary harm. A negligent party who causes an accident will bear financial liability for any expenses and personal suffering endured by the injured party.
What Are the 4 Elements of Negligence?
You must establish the four legal elements of negligence in your claim to hold another party liable for the losses you suffered in an accident. The elements of negligence are defined as follows.
1. Duty
The first element of negligence, duty, requires you to prove that another party owed you a duty of care. A party’s duty of care varies from situation to situation. For example, a driver owes other road users a duty of care to follow traffic laws and safely drive their vehicle. Healthcare providers owe patients a duty of care to provide treatment that complies with the standard of care that healthcare providers of similar experience or specialty would provide in similar circumstances. A party’s duty of care might be defined by statutes, regulations, case law, or public policy.
2. Breach
The second element of a negligence claim requires proof that the opposing party breached the duty of care they owed you. For example, in a car accident claim, exceeding the speed limit can be defined as a breach of care. A shop owner might breach their duty of care to their customers by failing to regularly inspect the store premises and fix any dangerous conditions that might cause accidents.
3. Causation
To establish the third element of negligence, you must show that the other party’s breach of their duty of care was the direct or proximate cause of the accident and your injuries. Direct causation means that the other party’s breach of their duty of care was the immediate cause of the accident and your injuries. A proximate cause is a primary or underlying action (or lack thereof) that sets in motion a chain of incidents that caused the accident.
4. Damages
Damages are the legal remedy that compensates an injured party for the harm they’ve suffered. An accident victim must establish the extent of the financial and personal losses they’ve incurred due to their injuries. Proving injury losses requires documentation and testimony such as:
- Bills, invoices, and receipts for medical treatment and long-term disability care
- Pay stubs or income statements to calculate lost wages
- Medical or vocational expert testimony about future treatment needs or inability to work
- Testimony from you, your family, and your friends regarding how your injuries and disabilities have affected your life
What Evidence Is Needed to Prove Negligence?
Depending on the nature of the accident that injured you, you might need various types of evidence to prove that another party’s negligence caused the accident. Examples of evidence you might use to prove a negligence claim in a personal injury case include:
- Police accident reports
- Accident or incident reports
- Surveillance camera footage
- Eyewitness testimony
- Maintenance and repair records
- Staffing records
- Post-accident inspection reports
- Medical records
- Cell phone records
- Business operations records
- Accident reconstruction or engineering expert reports and testimony
How Does Negligence Affect My Claim?
Georgia follows a modified comparative negligence rule for personal injury claims. Under this rule, each party to a case is assigned a percentage of fault based on the established facts. State law allows you to recover compensation through a personal injury claim so long as you are less than 50 percent at fault. However, the rule bars you from recovering compensation if you bear 50 percent or more of the fault. Furthermore, your financial recovery will be reduced in proportion to your percentage of fault.
This rule is one of the reasons it’s so important to work with an experienced personal injury lawyer. They will know how to reduce your share of fault and maximize your available compensation.
What Damages Can I Recover by Proving Negligence in a Personal Injury Claim?
In a personal injury case, you may have the right to recover compensation for various types of personal and financial losses caused by another person’s negligence. Financial recovery may include compensation for:
- Costs of medical treatment, including emergency treatment, surgeries, hospitalization, medications, pain management care, medical or mobility equipment, and physical or occupational therapy
- Costs of long-term disability care services, such as home health, housekeeping, or home renovations and equipment purchases for disability accommodations
- Lost wages or income after missing time from work or experiencing reduced earnings while in a modified duty position required by medical restrictions
- Lost future earning capacity and employment benefits if your injuries cause long-term or permanent disability that prevents you from returning to work
- Physical pain and anguish from injuries and subsequent medical treatment (such as post-operative pain)
- Emotional trauma or distress caused by the accident or resulting injuries and disabilities
- Diminished quality of life caused by physical disabilities or severe disfigurement that causes embarrassment, prevents you from performing daily tasks, or keeps you from participating in activities you previously enjoyed
Contact a Georgia Personal Injury Lawyer
If you’ve suffered injuries in an accident, you can recover compensation if you can prove that another party’s negligence is to blame. Contact Sherrod & Bernard, P.C., today for a free, no-obligation consultation with an experienced Georgia personal injury attorney. We’ll discuss your case and explain how our firm can advocate for the financial relief you need.
