Role of Negligence in Determining Liability in Personal Injury Cases in Atlanta

Role of Negligence in Determining Liability in Personal Injury Cases in Atlanta

Most of the cases that involve personal injuries are not intentional, but an act of negligence. A simple example to state such negligence is the use of mobile phone to send an urgent text while driving caused an accident on the road that led to injuries to the other party involved without a fault of theirs. Such acts of negligence make the person liable to compensate for the damage incurred by the other party. 

MG Law firm is a top-rated injury law firm in Atlanta with experienced attorneys who have won several accolades in their respective fields. Whether it is the injury caused by road accidents, pedestrian accidents, occupation related injuries, or injury caused due to dangerous conditions on someone’s properties, these lawyers will ensure that you get your due including medical bills, lost wages, and compensation for loss of quality of life caused by the accident. 

Elements of negligence

As the party who has suffered injuries, you need to prove an account of negligence based on the following 3 elements:

Duty:

  • A set standard of care is essential as a duty of care toward others. 
  • If you are driving on the road, you must exercise care and be a responsible driver as a part of your duty towards other motorists. 

Breach:

  • The injured party needs to prove that the defendant has breached any of his/her duty and care and must be held liable.
  • Irresponsible road driving like the use of a mobile phone while steering the wheel is an example of a breach of duty and is counted as an act of negligence. 
See also  Everything You Need to Know About Personal Injury Lawyers

Causation:

  • If the injury has occurred due to a breach of duty/negligence, causation is easy to establish in most cases. 
  • Sometimes, the court in Atlanta may require evidence to prove the causation and charge liability. 

Once all these 3 elements are established and proved, the defendant becomes liable for all sorts of damages their negligence has caused to the injured party including payments of medical bills, damage to property (car), loss of income/wages and mental agony brought about by the accident/injury. 

Acts of gross negligence can incur more severe penalties than just damage compensation. Gross negligence can be regarded as an intentional act of negligence like a doctor providing wrong treatment or a speeding car moving in front of a school with heavy pedestrian traffic. In such cases, the defendant is even charged with punitive damages and punishment along with compensation can be charged against them. 

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