How is Negligence Determined in Georgia?

Sep 27, 2018

How is Negligence Determined in Georgia?

If you’re in an accident caused by a reckless driver you can file a claim against them for your injuries. If you slip and fall at a restaurant because of a wet floor, you can sue the restaurant’s owner. Also, if you suffer complications following a medical procedure at a hospital, it is possible to seek damages from them. In the three instances, you will need a personal injury lawyer in Atlanta, GA to get you compensation. The lawyer will file a personal injury claim for you to recover medical costs, lost wages and pain and suffering. For your claim to be successful you will have to prove negligence by the parties at fault.

Most personal injury claims involve proving negligence. Negligence is the failure of an individual to exercise caution in order avoid injury to another person. A lot of accidents occur due to negligence. If someone is negligent and causes you harm, it is only fair that they are held responsible.

How an Atlanta Personal Injury Attorney Will Prove Negligence in Your Personal Injury Claim

Showing that someone’s negligence caused your injury can be tough. A personal injury lawyer would have to show:

  • The party at fault had a responsibility to ensure your safety. Your attorney would have to demonstrate the defendant owed you a duty of care. For example, a driver has a duty to keep other road users safe by driving within the speed limits. 
  • The party at fault breached this duty. If you are in an accident involving a speeding driver, they breached a duty of care because they were speeding.
  • The defendant’s irresponsible behavior caused your injuries. The third step in determining negligence is showing causation. An Atlanta personal injury lawyer will establish this. For example, if you get a whiplash injury after a car accident you must prove the crash caused it.
  • The proof of losses associated with the injury. Finally, your lawyer will need to provide evidence of damage incurred following the accident. This can be physical injury or property damage. To show this your attorney can show medical bill expenses, lost wages, and proof of pain and suffering.

In Atlanta, GA there is something known as comparative negligence law. Under this law, you can seek economic and non-economic compensation from someone who caused your injuries. However, the amount of compensation paid will be impacted if you were partly to blame for your injuries.

The law states that you can only seek compensation if you were less than 50% at fault. If you are more than 50% at fault for an accident, the courts will dismiss any claims you make. Should you bring a claim against a negligent party following an accident, they are likely to use this law. Their lawyer is likely to try blame you for the accident so that the courts can dismiss or reduce your claim. If you are 10% to blame for your injuries, your compensation will be less 10%. For example, if you are awarded $10,000 in damages you will only be paid $9,000. That’s why you need to get yourself a good Atlanta personal injury attorney to fight any claims of your negligence.

Contact a Personal Injury Lawyer in Atlanta, GA  

Someone’s negligence can cause you to suffer serious injuries. These injuries could alter your life forever. If you or your loved one has been injured because of an individual’s recklessness, you should make them accountable. The team of experienced Georgia personal injury attorneys at Ted A. Greve & Associates know personal injury claims depend on proving negligence. If you contact us, we will listen to your case and advise you if have a valid personal injury claim. We will then work with you to investigate your accident and gather enough evidence to determine negligence. Our vast experience in handling cases involving negligence will be put to good use to get you a fair settlement. The sooner you call us, the more time we will have to work on your case.

Remember Atlanta, GA has a two year period for you to file a personal injury claim. The authorities will dismiss any claim done after that and you will lose your right to get compensated for your injuries. After getting treated for your injuries contact us at 844-387-8677 for a free consultation. We will also not charge you any legal fees until we settle your claim.