How to Prove Accident Liability in a Georgia Personal Injury Claim
First, you should consult with an experienced Atlanta personal injury lawyer to help you navigate through Georgia's negligence laws, as these will likely impact your claim unless you can prove you are 100% not at fault for your accident.
Proving negligence and therefore accident liability in your Georgia personal injury claim can be done by establishing the following 4 elements of negligence:
- Duty - that a duty of care was owed to you by the defendant.
- Breach of Duty - that the defendant breached that duty by acting negligently.
- Causation - the breach of duty that is directly related to your injuries. This gets complicated because it has to be proven that without person A's conduct (the defendant), person B (you, as the plaintiff) would not be injured.
- Damages - if all 3 of the above elements can be proven, you must also show what losses you suffered as a result. This can be proven through medical bills, vehicle damage costs and any lost wages from missed time at work. Additional compensation for non-economic damages such as pain and suffering can also be submitted as part of your claim.
Here is an example: Driver A runs a red light, breaching the duty to obey traffic signals and drive safely and crashes into driver B's vehicle. As a result of the car accident, driver B sustains a permanent spinal cord injury. If driver A did not run the red light, driver B would not have sustained a spinal cord injury. Thus, driver B can file a claim against driver A for damages.
The process of proving accident liability, especially when dealing with comparative negligence in Georgia, can prove to be a complicated task. An Atlanta personal injury lawyer can help you navigate through Georgia's negligence laws and help fight for the accident compensation you need.
Contacting an Atlanta Personal Injury Lawyer
When determining accident liability, Georgia negligence laws are some of the most important to comprehend. A simple mistake can make the difference between receiving compensation and receiving nothing at all. If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404.467.0909.