How to prove negligence in the state of Georgia under personal injury law?
At the Gonzalez Torres Law Office, located in Georgia, we take a no-stone-unturned approach to personal injury cases. Our fierce and dedicated legal team works hard to get victims of negligence the justice they deserve – with every investigation exhausted and each settlement negotiation considered carefully. With us on your side, you know you’re being represented by experienced lawyers who are passionate about your cause!
How do you know your personal injury claim is valid?
For a Georgia plaintiff to seek and gain justice for their personal injury, they must be sure that the claim is valid. A court won’t take just any argument – plaintiffs will have to prove beyond doubt that certain criteria are met in order to demonstrate defendant negligence. Gathering all this evidence can make or break a case so it’s essential they get everything right!
Standard due care
To win a personal injury lawsuit involving negligence, such as in the case of a car accident, convincing evidence must be presented to demonstrate how the lack of due care significantly caused or contributed to harm done. For example, if it can be shown that the driver failed to take necessary safety precautions like adhering to traffic laws and maintaining their vehicle properly – leading directly to an unfortunate outcome for others – then liability will most likely fall on them.
Breach of duty
In the eyes of the law, some situations require a duty of care for other parties and other situations may not. When customers enter an establishment intending to make purchases or conduct business, it is expected that their safety and well-being is taken seriously – regardless! On the flip side, if someone enters where a ‘No Trespassing’ sign is prominently displayed but gets hurt in spite of this; the courts may not view their claim as valid due to the fact that no legal authorization to be present onsite was granted to that individual.
You need to prove that your injuries are the result of someone else’s negligence
Injuries or death resulting from negligence can be a complicated legal matter. To successfully assign fault to the offending party, the plaintiff must prove that any damages, injuries or death were directly caused by their negligence or misconduct and not due, in part, to any outside factors like improper safety measures on behalf of those involved in an accident. Take for instance car accidents – if a person causes an accident by not adhering to standard driving laws, external elements like the incorrect usage of a seat belt could be a major factor to determine liability. It’s important for plaintiffs fighting such cases to pinpoint exactly who is at fault, and to take all aspects involved into consideration before seeking justice through the process of filing a claim that will trigger formal legal proceedings!
Proof of damages
The court system recognizes that mistakes can happen – even when someone isn’t acting purposely or with ill-intent. As an example, a doctor prescribing the wrong medication could be let off scot free if there are no tangible consequences imposed due to their error (no harm or suffering was experienced by the patient). In this example, it is important to note that the reason that there may be no consequences for the doctor is due to the fact that the negligence was mitigated by proper care and caution taken beforehand (prescription was incorrect, but measures are in place to catch the error before consumed by the patient). This ultimately tells us that proving due care and breach of care depends on whether damage has been done in any way shape or form to another party.
Contact the office of expert lawyers
Are you facing an unexpected injury in Georgia due to someone else’s negligence? We know that deciphering the nuances of personal injury law and understanding the claims process can be very overwhelming. Gonzalez Torres Law is here for any and all of your questions – Contact Us Now! Our experienced attorneys will provide case evaluations, exploring your legal options so that you can get the justice and fair compensation that’s rightfully yours! Don’t wait: take charge today by giving us a call at 1 (678) 408-2869 or send us an email to info@gonzalezlawyer.com – we’re ready when you are!
