For example, if someone doesn't take the precautions that a sensible person would take or does something that a sensible person wouldn't take and, as a result, another person gets hurt or loses something valuable, that's considered negligence. The one common factor that all successful personal injury cases have in common is the ability to prove the other party's negligence. The first element a plaintiff must establish is that the defendant owed him a duty of care. As a result of his negligence, he caused an accident that resulted in property damage and personal injury.
Overcoming difficult and complicated immunity issues is very important so that you can ensure that you can recover if you are injured because of someone's negligence. Because the plaintiff suffered an injury or loss, something that a reasonable person in that same situation could expect or foresee, monetary compensation may be the only form of relief for those injuries. If the plaintiff can establish that the defendant owed him a duty of care, the next question to be addressed is whether the defendant breached that duty. A tort stemming from negligence would include a driver following too closely and accidentally hitting the car in front of him from behind. Plaintiffs in personal injury cases often seek compensation for medical expenses, loss of income, property damage, loss of quality of life, and physical and emotional pain and suffering.
Causation requires the plaintiff to prove that the defendant's breach of duty was the cause of the plaintiff's injuries and losses. The next element is for the court to determine if the defendant breached this duty by doing or not doing something that an average person would do if they were in a similar circumstance. There are situations in which a legal duty is created in the relationship between the plaintiff and the defendant. In most cases involving avoidable accidents, the at-fault party recognizes liability, meaning that you (and your attorney) don't actually need to prove negligence.
To establish liability and ensure civil and monetary recovery under Georgia law, the plaintiff must establish the four elements mentioned above. If your injuries were the result of someone else's negligence, contact a qualified personal injury attorney. If you were injured in an accident caused by someone else's negligence, you should prepare to prove your claim.
