A Muscogee, GA injury attorney explains four facts you should know about a personal injury claim. A personal injury, no matter the cause, may result in serious injuries and emotional damage. It can also be costly, resulting in time off work, lost wages, and medical bills. A claim can help you recover compensation for injuries and monetary losses.
There are two types of tort law in Georgia: intentional and accidental. Most personal injury accidents are accidental, caused by the negligence of another party. These include car accidents, workplace injuries, and slips and falls.
Elements of Negligence
In a personal injury claim, you will need to prove that the other party’s negligence caused your injuries by establishing these four facts:
- Duty – It must be proven that the defendant owed you a duty. A duty is a relationship between you and the other party. If you were driving and hit by another driver, a duty exists between you and the other driver. All drivers have a duty to follow traffic laws and maintain safe driving practices. However, if you were injured while engaging in illegal activity, such as trespassing or theft, the defendant may not owe you duty.
- Breach of duty – Once the duty is established, it then must be determined if the duty was breached. You must be able to prove that the negligent party acted unreasonably considering the circumstances. For example, in a medical malpractice case, there are standards of care that a doctor must meet. If he or she acts in a manner that causes harm to a patient, and the courts find that another doctor in a similar situation would not have acted the same way, the doctor would have breached his or her duty.
- Cause – There must be a direct correlation between the defendant’s actions and your injuries. If you would have suffered injuries regardless of the other party’s actions, then the defendant may not be held liable.
- Damages – The victim must have suffered injuries or financial damages due to the defendant’s negligence. It is not enough to prove that the defendant acted unreasonably or almost caused injuries. There must be solid proof of damages that were sustained.
If you suffered an injury due to the negligence of another party, contact a Muscogee, GA injury attorney from Shane Smith Law. We will review your case and help you establish negligence.