A personal injury lawsuit in Georgia seeks to hold one or more parties liable, or financially responsible, for a preventable accident. As the injured party or plaintiff in a personal injury lawsuit, it is your burden to prove that the other party (the defendant) more likely than not caused your injury through an act of negligence. Negligence refers to carelessness that results in injury or harm to others. Proving a case can be complicated, even if you’ve suffered severe personal injuries. This is why it’s so important to find qualified attorney help. Typically, to be successful, you must show at a trial that the defendant was negligent. In order to show negligence, you must prove the following elements:
Duty of Care
The first element you must prove is that the defendant owed you a duty of care. In a car accident case, for example, all drivers are required to take measures to keep other drivers on the road safe. By getting behind the wheel of a car, there is a duty of care to reasonably keep other drivers safe that all drivers must adhere to. This is one of the easiest elements to prove.
Breach of Duty
The next element you must prove is that the defendant breached that duty of care. For example, if the defendant was driving and also speeding, texting, or under the influence, they’ve almost certainly breached the duty of care. This should be enough to satisfy this element.
You Sustained Injuries
One of the most important elements is that you actually suffered injuries. If the other party was negligent but you didn’t get hurt in any way, you are almost certainly not entitled to compensation. If you suffered injuries, this can satisfy this element. The more severe your injuries, the more likely you are to be eligible for compensation.
The Defendant’s Breach Was a Direct Cause of Your Injuries
Finally, you must prove that the injuries you suffered were actually caused by the breach. The simple fact of suffering injuries isn’t enough for a successful personal injury claim. If the defendant caused the crash and the crash caused your injuries, this will likely be sufficient to prove this element. Your lawyer can help obtain evidence, medical records, and any other relevant documentation that shows you suffered injuries and that they were the result of the defendant’s conduct. You or your attorney will need to prove these elements based on a preponderance of the evidence, meaning enough evidence to show that the defendant caused your accident with at least 50 percent certainty.
