Proving Negligence Under Georgia Personal Injury Laws
Dozier Law Firm, LLC, in Macon and Savannah, Georgia, represents clients injured as a result of negligence on the part of another party. Our personal injury trial lawyers have decades of experience investigating and building the strongest case possible for settlement negotiations and court, if trial becomes necessary.
How Do You Know Whether You Have A Valid Negligence Claim?
Plaintiffs filing a personal injury lawsuit in Georgia must meet four criteria for establishing negligence by the defendant:
- Standard of due care: The plaintiff must demonstrate with evidence that the negligent party failed to take proper actions that would have avoided an unreasonable injury risk to the injured party or parties. In a car accident injury lawsuit, for example, the plaintiff must prove that the negligent driver failed to obey traffic rules or take standard care for the proper maintenance of the car, contributing to the cause of the accident.
- Breach of duty of care: The plaintiff must demonstrate that circumstances warranted a duty of care toward other parties. For example, the owner of a business has a duty of care for the safety of customers entering his building for the purpose of buying a product or conducting business. Conversely, if a secured building is posted No Trespassing but someone is injured while illegally breaking in, the courts may rule that the property owner had no duty of care for the safety of the injured party.
- Proof that the injuries were the result of the negligence: The plaintiff must clearly demonstrate that the extent of injuries or death were the direct result of the negligence or misconduct on the part of the defendant. For example, a car accident may have been the result of a driver’s negligence, however, if the injured party was not wearing seat belts or the airbags failed to deploy properly, the extent of injuries may not be attributed solely to the negligent driver’s actions.
- Proof of actual damages: The courts recognize that people make mistakes and accidents happen. If there are no actual damages resulting from the negligence, there may not be a case. For example, if a doctor uses his or her best efforts to meet the standard of due care and duty of care, but prescribes the wrong medication that does not cure the patient but causes no additional injuries or harm, the court may rule that there were no actual damages associated with the negligence or error.
Contact Dozier Law Firm, LLC · Free Consultation · Contingency Fees
If you suffered an injury in an accident in Central Georgia and aren’t sure whether you have a personal injury claim against a negligent party, don’t assume anything. Call an attorney at Dozier Law Firm, LLC, in Macon or Savannah, to discuss our case. We offer a free case evaluation and will explain your best legal options for pursuing full and fair compensation.