Negligence is the failure to act in a way that a reasonable person would under similar circumstances, leading to harm. For example, a driver texting behind the wheel may be considered negligent because they are not exercising the care expected of a responsible driver.
Understanding negligence is essential because it determines whether you can recover damages for your injuries.
At Fox Injury Law, we believe that understanding negligence is essential for anyone navigating a personal injury claim, as establishing negligence helps ensure you receive compensation for:
- Medical expenses.
- Lost income and earning capacity.
- Pain and suffering.
- Property damage.
Below, our Tucker personal injury lawyers break down the concept of negligence, how it’s proven, and what it means for your case in Georgia.
The four elements of negligence
To prove negligence in a personal injury case, you must establish four key elements:
- Duty of care: The defendant (the person being sued) owed you a legal duty to act with care. For instance, drivers have a duty to follow traffic laws to protect others on the road.
- Breach of duty (negligence per se): The defendant violated that duty through their actions or inactions. Examples include running a red light or failing to repair a dangerous condition on their property.
- Causation: The defendant’s breach of duty directly caused your injury. This includes:
- Actual cause: The injury would not have occurred without the defendant’s actions.
- Proximate cause: The harm was a foreseeable result of the defendant’s actions.
- Damages: You suffered measurable harm, such as medical expenses, lost wages, or emotional distress.
Real-world examples of negligence
Negligence can occur in many scenarios, including:
- Car accidents: A driver speeding or driving under the influence may be negligent.
- Slip and falls: A store owner failing to clean up a spill could be held responsible for injuries.
- Medical malpractice: A doctor making an error during surgery may be negligent if it deviates from the accepted standard of care.
How Georgia law addresses negligence
Georgia law follows the principles of negligence to establish liability in personal injury cases. Under O.C.G.A. § 51-1-2, negligence is defined as the lack of ordinary diligence that a reasonable person would exercise under the circumstances.
Proving negligence in Georgia
To succeed in a negligence claim in Georgia, you must provide evidence to support each of the four elements. This can include:
- Police reports: Documenting the accident and any violations of the law.
- Medical records: Showing the extent of your injuries and their connection to the incident.
- Witness testimony: Supporting your account of the event.
- Expert analysis: Demonstrating how the defendant’s actions fell below the standard of care.
Comparative negligence in Georgia
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. This means that even if you were partially at fault for an accident, you may still recover damages if you were less than 50% responsible. However, your compensation will be reduced by the percentage of your fault.
Example of comparative negligence
If you are awarded $100,000 in damages but are found 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000.
How Fox Injury Law can help
Our firm specializes in helping clients prove negligence and secure the compensation they deserve. We will:
- Investigate your case thoroughly to gather compelling evidence.
- Work with experts to establish the standard of care and how it was breached.
- Advocate on your behalf in negotiations or court to maximize your compensation.
Hurt in an incident that wasn’t your fault? Call us.
So, what is negligence? It’s the failure to exercise reasonable care, harming another person. Proving negligence is the key to holding at-fault parties accountable and recovering damages. If you’ve been injured due to someone else’s negligence, Fox Injury Law is here to help. Contact us today for a free consultation, and let us guide you toward justice and recovery.
