How is Negligence Defined in Georgia?

Oct 3, 2018

How is Negligence Defined in Georgia?

In Augusta, GA many people file lawsuits following accidents caused by negligence. Negligence is when a person fails to act reasonably and prudently to avoid injuring another person. The law defines injuries as the physical hurt a person sustains due to another person’s negligence. You are entitled to get compensation for costs associated with your injuries. This can include medical expenses, lost wages, and pain and suffering. If you are the victim of an accident and are not sure it was because of negligence, you need advice. You should talk to a personal injury lawyer in Augusta, GA.

The Four Elements of Negligence in Augusta, GA

For an Augusta personal injury attorney to prove negligence caused your accident they have to prove four elements. These are duty, breach of duty, causation, and damages. The following is an explanation of those elements.

  1. The negligent person owed you duty. A lawyer must show that you had a relationship with the person who caused your accident. This relationship meant that they had a responsibility to keep you safe. This is fairly easy to show. For example, a driver owes a duty to other drivers to follow traffic rules. A doctor has a duty to their patients to offer the best medical advice because of their doctor-patient relationship.
  2. The negligent party breached this duty. If a person does not act as reasonably expected in a certain situation, a breach of duty has occurred. For instance, if a driver was texting at the time of an accident, they breached their duty to other motorists. They were distracted and this the lives of other road users at risk. Also, if a doctor doesn’t offer the best medical treatment to a patient, they will have breached their duty.
  3. The breach of duty caused the injury. A personal injury lawyer in Augusta must show that the actions of a negligent person caused your injuries. The lawyer would argue if the party at fault wasn’t reckless, you would not have suffered physical harm.
  4. The injury deserves monetary compensation. You need to have evidence of any physical injuries or property damage caused by an accident. Your lawyer can show both economic and non-economic losses from your accident. They could present medical bills, show lost wages and so on.

How a Personal Injury Lawyer in Augusta Would Help You Following an Accident Caused by Negligence

Accidents that are caused by negligence can happen anywhere. You could slip and fall at the mall or be attacked by a vicious dog while out jogging. A car with faulty brakes could hit you at a red light. To prove the party at fault was negligent you will need a good personal injury lawyer. An Atlanta, GA personal injury attorney will investigate your case and present facts to show negligence. The lawyer will gather all important evidence required to make your claim successful. They will, for example, get a police accident report following a car accident. This report is vital when making car accident claims because it details police findings after your crash. A lawyer will also get medical experts to speak to your accident injury, if necessary. Proving negligence can be difficult and you shouldn’t try to make your claim alone.

What an Augusta Personal Injury Attorney Will Advise You to Do Following an Accident Caused by Negligence.

To help your personal injury claim following an accident where you are not at fault, you should:

  • Call the emergency services. This will include medics who can treat you for your injuries and the police. Seeking treatment after an accident will ensure you have evidence that you were injured in an accident.
  • Take photos of the accident scene and injuries sustained if you can
  • Talk to witnesses and get their contact information. Having reliable witnesses will help your attorney prove negligence.
  • Get in touch with a personal injury lawyer as soon as possible.

Personal injury claims can be settled quickly with an insurance company if the evidence of negligence is overwhelming. Some case may, however, have to go to court. During a trial, a judge or jury will listen to the facts of the case. They will then determine who was at fault.

Contact a Personal Injury Lawyer in Augusta, GA

Understanding negligence laws can be complex. Insurance companies and judges look at many factors to determine if a person’s negligence caused an accident.  To give your case a better chance of success, talk to one of the experienced Augusta personal injury lawyers at Ted A. Greve & Associates. We will gather enough evidence to present your case so that the at-fault party’s negligence is undeniable. Call us today for a free consultation.