If you’ve been injured in a car accident, slip-and-fall incident, or another event caused by someone’s carelessness, you may be entitled to compensation for your pain, suffering, and other losses. But how do you determine if someone has been negligent?
Negligence can be a complex legal issue, requiring substantial evidence to prove. That’s why it’s essential to consult a knowledgeable personal injury lawyer as soon as possible after your injury. They can help you gather evidence and take the necessary steps to protect your legal claim.
Let’s explore how Georgia law defines negligence and how attorneys typically prove it in personal injury cases.
What is Negligence?
In simple terms, negligence is the failure to act responsibly, often described by judges as “the absence of ordinary diligence.” Someone can be negligent by either doing something they shouldn’t or failing to do something they should.
When a person acts carelessly or fails to exercise the reasonable care expected of someone in similar circumstances, they can be held liable for negligence. However, acting negligently and being legally liable for it are two separate matters. For example, a driver texting behind the wheel is acting negligently. But if that behavior doesn’t lead to a collision or injury, the driver won’t be held liable for damages, though they may receive a traffic ticket.
The Elements of Proving Negligence in Georgia
To recover compensation for injuries caused by negligence, the injured party’s attorney must prove four key elements in court. Often, when an attorney can demonstrate these elements to an insurance company, it may lead to a settlement without the need for a trial. But whether a case settles or proceeds to court, an attorney must be prepared to prove these four elements.
1. Duty of Care Owed to the Victim
The first step in proving negligence is demonstrating that the person accused of negligence owed a duty of care to the injured party. This duty can apply broadly or specifically. For example, drivers owe a general duty to everyone on the road to follow traffic laws, while property owners owe a duty to invited guests to keep their premises safe.
To satisfy this element, you must prove that the person you’re alleging negligence against owed you a duty of care and establish what that duty was.
2. Breach of Duty
Once a duty of care has been established, you need to prove that the person accused of negligence violated that duty, known as a breach. For example, a driver breaches their duty by texting while driving. Similarly, a store owner breaches their duty by failing to clean up a spill that creates a hazard for customers.
To prove the second element, you must show that the person failed to fulfill the duty of care they owed to you.
3. Proximate Cause
The third element involves proving that the breach of duty directly caused your injuries. This step is often the most challenging, as it requires clear evidence that links the negligent action to the harm you suffered. Collecting evidence immediately after an incident is critical. Traffic camera footage, witness testimony, and photographs of the accident scene can all be vital in proving causation.
To prove this element, you’ll need evidence that demonstrates how the negligent behavior caused the incident and your resulting injuries.
4. Specific Harm
Lastly, to recover compensation, you must show that the negligent behavior resulted in specific harm, such as injuries or other losses. Medical records, bills, and documentation of lost wages are key pieces of evidence that establish your damages.
Once your injuries are proven, you may also be entitled to compensation for non-economic damages, such as pain, suffering, and emotional distress.
Glass Robson Can Help You Prove Negligence
Evidence is the foundation for proving negligence and recovering compensation after incidents like motorcycle accidents or dog attacks. The experienced team at Glass Robson knows how to gather, preserve, and present the necessary evidence to prove negligence and secure the compensation you deserve. Contact us today for a free consultation and case evaluation to learn more about your legal options.