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What exactly is Negligence?

Everyone has likely heard the term “negligence” and knows that it relates to car accident or other personal injury cases.  However, most people do not have a complete understanding of the exact definition of negligence and the importance of that definition in a personal injury lawsuit.  Negligence is important in lawsuits arising out of many different kinds of accidents, from motor vehicle accidents to slip and fall accidents to accidents caused by a defective product or other dangerous condition.  If you have suffered injury in any of these (and more) types of accidents and wish to hold another person liable in court, you will have to prove their legal responsibility by showing that they acted negligently.  Because negligence requires specific elements to be shown in court, you should always have representation by an experienced Coweta County personal injury attorney who has a full understanding of the theory of negligence.

 

Generally speaking, negligence means that a person acted carelessly and caused you injury.  However, it is not enough to merely claim someone was careless in court.  Instead, your attorney must present evidence to specifically show the following elements:

 

  1. The defendant (person supposedly at fault) owed a certain duty of care to you at the time of the accident.
  2. The defendant failed to meet that duty of care, either through action or failure to act.
  3. The breach of the duty of care caused the accident in question.
  4. As a result of the accident, you suffered actual injury or other type of damages.

 

If you fail to show adequate evidence to prove any of these four elements, the other party will not be found negligent and will not have to pay for your injuries.  To make things more complicated, court rules specifically dictate what kind of evidence you can present and how you may present it.  For all of these reasons, it is imperative to have a PI attorney handling your case to ensure you receive the settlement you deserve.  Contact the Law Offices of Shane Smith today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia