Many personal injury cases are based on the principle of negligence.
In Georgia, negligence occurs when someone fails to use the same level of care that a reasonable person in the same situation would, resulting in harm to another.
To recover compensation in a personal injury claim, you must prove four elements to establish negligence: duty of care, breach of duty, causation, and damages. Each component builds on the next.
If any one element is missing, the claim will likely fail.
What Is a Duty of Care in a Personal Injury Case?
A duty of care is a legal obligation to act with reasonable caution to avoid harming others. Every person owes others some duty of care in daily life.
For example, drivers must follow traffic laws. Property owners must keep their premises safe for guests. Doctors must treat patients in accordance with accepted medical standards. The level of care required depends on the situation and the relationship between the parties.
In a personal injury case, proving that a duty of care existed is the first step toward showing that negligence occurred and holding the responsible party accountable.
What Constitutes a Breach of Duty?
A breach of duty occurs when someone fails to fulfill the duty of care they owe to another. This means they acted carelessly (or failed to act) when they should have.
For example, a store owner might breach their duty of care if they ignore a spill that causes a customer to slip and fall. A driver might breach their duty if they run a red light and hit a pedestrian.
To prove a breach, you must show what the other party did (or failed to do) and how their actions fell short of reasonable care.
Examples and Proof of Breach of Duty in Georgia
In Georgia, examples of breach of duty often involve clear acts of carelessness, such as:
- A driver texting behind the wheel
- A landlord ignoring broken stairs on their property
- A doctor choosing to ignore test results or delay necessary care
To prove a breach of duty, you must have strong evidence to show where the lapse occurred. An experienced personal injury attorney can collect evidence like witness statements, photos, police reports, or expert testimony to support your claim.
Lawyers can also use sophisticated proof, such as accident reconstruction reports, to show a failure to act responsibly. Robust evidence can strengthen an injured person’s claim for compensation.
What Compensation Can You Recover After a Breach of Duty in Georgia?
If you successfully prove a breach of duty and the other three elements of negligence in your personal injury case, you could receive compensation for your losses. This could include compensation for:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Reduced quality of life
- Loss of enjoyment of life
The amount of money you recover depends on various factors, such as the severity of the injury and its long-term impact on your life. A personal injury lawyer can place a fair value on your case after reviewing the facts.
How Our Albany, GA Personal Injury Attorneys Can Help
Proving the elements of negligence is crucial to the success of any personal injury claim. But you shouldn’t have to worry about collecting the right evidence while you’re recovering from a serious injury.
An Albany personal injury attorney from Underwood Law LLC can review the facts, organize the evidence, and negotiate for maximum compensation during settlement talks with the insurance company or at trial.
If someone’s carelessness injured you in Albany, contact us now for a free consultation with a skilled member of our legal team.
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