Negligence is a legal concept that forms the basis for most personal injury claims. It occurs when someone fails to act with the level of care that a reasonable person would exercise under similar circumstances, leading to harm or injury to another person. In a car accident case, for example, negligence might involve actions like speeding, distracted driving, or failing to obey traffic signals.
When someone is injured due to the negligent act of another person, the accident victim can seek compensation in a personal injury claim. In most personal injury claims, you’ll need to prove the elements of negligence before you can collect financial compensation.
Elements of Negligence in a Georgia Personal Injury Claim
To establish negligence, the injured party must prove four key elements:
- The defendant owed a legal duty of care
- The defendant breached that duty
- The breach directly caused the accident
- The plaintiff suffered actual damages as a result
Without all four elements, a negligence claim may not succeed.
What Is Duty of Care and When Does It Apply?
In a personal injury case, you can’t have negligence unless the other person actually owed a duty to you. Duty of care is an obligation based on customs, laws, or common sense. Following a duty of care means not creating risks of danger to others.
People are generally expected to act as a “reasonable person” would. When thinking about this standard of conduct, courts will ask whether someone acted as a reasonable person would have under similar circumstances. For example, in a medical malpractice case, doctors are expected to treat a patient as a reasonable doctor would have.
What Is Breach of Duty?
Breach of duty happens when the defendant fails to uphold their duty of care in a particular situation. If the defendant could have—or should have—done something differently to avoid harm to another person, it could be said they breached their duty of care. An example could be a store owner leaving an obvious spill unattended on the floor, leading to a customer slipping and suffering injury.
What Is Causation in a Negligence Claim?
Causation involves a logical connection between the other person’s breach of duty and your injuries. Legally speaking, the defendant’s actions need to be the direct and proximate cause of the accident and your injuries. In other words, would you have avoided injury if not for the defendant’s actions?
When a driver hits another driver while speeding or not paying attention, causation could be simple to prove. However, after a multi-vehicle accident, sorting out who was to blame could be more complicated. Causation might have to be shown by reviewing evidence, interviewing witnesses, and even using an accident reconstruction expert. Causation is often the most contentious element in a negligence case.
What Are Damages in a Georgia Negligence Claim?
Damages are the final element to prove. You will need to show that you suffered actual harm due to the negligent party’s actions. Damages are proven through medical reports, bills, property damage estimates, lost wages, emotional distress, and other types of losses that a personal injury claim will address.
Damages typically come in two forms: economic damages and non-economic damages. Economic damages are the dollars and cents financial losses from the accident. Medical bills, loss of pay, out-of-pocket expenses, property damage, and other financial losses fall within economic damages.
Non-economic damages are those that can be harder to put a dollar figure on. These can include pain and suffering, mental anguish, reduced quality of life, loss of companionship, and more.
An experienced Georgia personal injury lawyer will analyze the evidence and your financial losses to determine a fair estimate for damages in your case.
Contact a Savannah Personal Injury Lawyer for a Free Consultation
If you were injured in an accident in Savannah, Georgia, you have legal rights. You can pursue financial compensation if you were hurt due to someone else’s negligence. First, you’ll need to prove the elements of negligence. Our proven personal injury lawyers at Bowen Painter Injury Lawyers can help. Call our law office at (912) 335-1909 to schedule a free consultation today.