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Buford PI Attorney Shane Smith Explains The Three Elements Required to Prevail on a Gwinnett County Personal Injury Claim

Buford PI Attorney Shane Smith Explains Necessary Elements of a Personal Injury Claims

Becoming a victim of a personal injury caused by a negligent or reckless third party is not something anyone plans for or expects when they are at work, on the roads, shopping in a store or anywhere else they can suffer painful and life altering injuries. However, your Georgia accident attorney Shane Smith can help you determine if your personal injury incident meets the three legal thresholds required to prevail successfully in civil court.

Factor # 1:  Breach of Duty of Care

For example, if you are driving on the road, you have a duty of care to act in a responsible manner to your fellow drivers, motorcyclists, bicyclists and pedestrians. All other drivers are similarly obligated with the same duty of care to you and everyone else on the roads. However, when a negligent driver breaches their duty of care and causes an auto accident involving you and causing you damages, you may have a claim.

If you have been involved in a Gwinnett County auto accident or other type of personal injury accident in Georgia, contact a Buford PI attorney at the Law Offices of Shane Smith to see if your personal injury accident circumstances can support a civil case. Call (770) 487-8999 to schedule a legal consultation today to protect your legal rights.

Factor # 2:  What is the proximate or direct cause?

If you have established one or more parties owed you a duty of care and breach it, in whatever type of personal injury claim, the next step is to determine the proximate or direct cause. The proximate cause can be determined by many pieces of evidence including:

  • Police and emergency responder accident reports
  • Photographs of the accident scene
  • Witness accounts

In essence, the proximate or direct cause is the level of responsibility the at-fault parties have in causing your personal injury. The greater the evidence exists, the greater the ability there is to prove how much knowledge the at-fault parties had of averting the personal injury incident and their failure to do so.

 Factor # 3:  It all comes down to damages

Even if you and your Gwinnett County accident attorney can prove factors 1 and 2, if you as the injured party have sustained no damages, there is no case. Damages can take shape in many forms including:

  • Medical treatment
  • Lost wages
  • Property damage
  • Pain and suffering

Depending on how severe your personal injury accident is, the more damages you are likely to suffer. Since each case is different and medical, pain and suffering, wage loss and other damages will inevitable vary, it is best to speak with a Buford auto accident attorney to determine what you are legally entitled to recover upon. Call the Law Offices of Shane Smith at (770) 487-8999 for a free legal consultation to protect your legal rights.


Shane Smith
Advocate for the Seriously Injured in Georgia