How to Prove Negligence in a Personal Injury Lawsuit

When it comes to personal injury lawsuits, simply claiming someone was negligent or reckless is not enough. One must prove the negligence occurred and directly relates to your damages.

Understanding negligence and the steps necessary to prove it is vital for your case. Georgia personal injury lawyers know which steps to use for each case they represent. If you or a close loved one suffered harm due to the careless actions of another person, consider contacting a lawyer for a free consultation today.

What is Negligence?

It is a required component of civil lawsuits.

Negligence is a failure to use the same reasonable care another person would use in a similar situation. The responsible party is negligent when the failure to use such care damages you or a loved one.

A person’s actions — or lack of action — can result in negligence. Examples include drunk driving and slip-and-fall accidents. Drinking and driving is a personal and poor decision. A reasonable person knows when to ask a friend or to call a rideshare rather than get behind the wheel.

Retail establishments, restaurants, and other public places can be found negligent due to a lack of action. A known safety hazard that goes unreplaced or unrepaired due to laziness or a reluctance to spend money is inexcusable. A traumatic fall can forever change a patron’s life, a tragedy that was preventable with a simple fix.

These are two examples of negligence that generally lead to personal injury lawsuits. Everyone owes those around them a duty of care. If someone breached that duty and you suffered damages, you may want to contact an attorney.

The Elements of Negligence

Elements center on a duty of care.

The elements of negligence center around the duty of care owed to the victim. There are five elements of negligence under civil law:

  1. The defendant owed the plaintiff a duty of care.
  2. The defendant breached that duty.
  3. The defendant’s breach resulted in the plaintiff’s damages.
  4. The defendant must have had the ability to foresee the potential danger to others.
  5. The plaintiff suffered harm that is eligible for compensation.

A breach of duty of care is a serious matter that can result in significant damage to another person. Georgia civil laws protect a victim’s right to pursue compensation from those responsible for their harm.

Evidence to Prove Negligence

Evidence connects a person to a negligent act.

To prove negligence, an attorney must rely upon and research facts, documents, and testimonies. Evidence is necessary to support the plaintiff’s claims as outlined in their personal injury lawsuit.

Common types of evidence in civil cases include:

  • Police reports
  • Store management reports
  • Statements from eyewitnesses
  • Photographs and video of the accident scene
  • Medical reports relating to the plaintiff’s injuries.

The sooner evidence is collected for your lawsuit, the better. Over time, evidence can become misplaced or lost. Witnesses may move with no forwarding address, or their memory of events may fade.

Gathering as much information regarding your accident as soon as possible and contacting an attorney is crucial for your case. Your attorney can work immediately, building a strong case proving negligence and justifying fair compensation.

Legal Strategies for Proving Negligence

Skill and experience are critical for personal injury lawsuits.

A personal injury lawsuit typically settles without going to trial. Negotiating a settlement outside of court saves both sides time and money. But such negotiations with insurance companies are not for the inexperienced. Insurers are skilled at using tactics designed to delay, deny, or underpay victims the compensation they deserve. Experienced personal injury attorneys easily spot these tactics and aggressively fight for the best outcome possible.

In some cases, proceeding to trial is a necessary step. Most insurers do not want to face Georgia personal injury attorneys in a courtroom. However, an attorney with trial experience can be a formidable force for a severely injured plaintiff.

Whether your case settles through the negotiation process or goes before a judge and jury, one thing is true in either scenario: A personal injury attorney cannot promise victory but can protect you from accepting less than you deserve.

Why You Need a Personal Injury Lawyer

Because handling your case alone is difficult.

Severe and catastrophic accident injuries are painful, expensive, and time-consuming. While some accident victims must relearn basic skills, others may not survive their injuries. If you suffered a tragic injury or lost a loved one due to negligence, you need a personal injury lawyer. A personal injury lawyer shoulders the burden of your legal case, from making phone calls to filing court documents.

A Georgia personal injury lawyer brings a fresh, new set of eyes to your case. They use their skills and experience to see the total picture of your accident and resulting damages. No one wants to spend hours on the phone with insurance companies or completing paperwork.  Your lawyer can manage these tasks and more while you rest and recover.

Perhaps no step is quite as important as filing your personal injury lawsuit before the statute of limitations expires. The Georgia statute of limitations for civil cases is typically two years although it could be as little as six months are much longer than two years depending on the circumstances.

If you are unsure whether you need a personal injury lawyer, consider a free consultation soon. A free consultation can help you determine whether you have a case and how the lawyer may be able to help you pursue compensation.

The Stoddard Firm

Georgia personal injury lawyers that help victims fight for justice.

A personal injury event changes your life. No one should suffer a traumatic brain injury or multiple bone fractures due to a reckless or careless person. Negligence is never acceptable. Compensation for your damages is worth fighting for and something a personal injury lawyer can do on your behalf.

If you or a close loved one suffered harm due to another person’s negligence, contact The Stoddard Firm today at (470) 467-2200 to schedule a free consultation.

Attorney Matt Stoddard

Atlanta Personal Injury LawyerMatt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]

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