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Elements of Negligence Your Injury Lawyer in Atlanta Must Prove in a Personal Injury Claim (Part B)

Consider an injury lawyer in Atlanta for help fulfilling the five factors that will be considered in a personal injury claim. Doing so may be advantageous when considering all evidence and presenting a solid case. 

Cause in Fact 

After proving that there has been a breach of duty, you now have to prove that your injury was caused by that breach. To do this, you must show that the action or inaction on the driver’s part directly or indirectly lead to you sustaining an injury. For example, if the other driver failed to stop at a red light, forcing them to crash into your car in an intersection, this could be considered cause in fact for any injuries you suffered in the wreck. 

Proximate Cause 

If there were other injuries or damages sustained after the original injury, this is where proximate cause comes in. The defendant can only be held negligent for the injuries he or she could have physically worked to prevent. If your car accident causes you to ride a bike to work while your car is getting fixed, the driver cannot be held negligent if you get hit by a car while riding your bicycle. 

Damages 

Once you’ve proven all other parts of negligence, you now must present the damages; this is how your compensation award will be determined. 

Damages can include: 

  • your medical bills;
  • pain, suffering;
  • car repairs;
  • lost income; and
  • lost earning capacity.   

Contact an injury lawyer in Atlanta for help determining how much in damages you should be due. 

In addition, it’s imperative that you contact an attorney and file your personal injury claim as soon as possible. In Georgia, the statute of limitations on these claims is two years, meaning you have two years from the date of injury in which to file suit. 

If you were injured in a car accident due to someone’s negligence, consider filing a personal injury claim against the driver. It could help you recover the costs of medical bills and damages that you’ve incurred. Prepare for your case by reading our free book, 10 Mistakes that can Ruin your Georgia Wreck Case, and enlist the help of an injury lawyer in Atlanta from Shane Smith Law. Call 770-HURT-999 or 404-513-5415 to begin discussing your case today. 


Shane Smith
Advocate for the Seriously Injured in Georgia