Negligence is at the heart of nearly every personal injury claim. If you were injured in an accident in Kennesaw, Georgia, proving negligence is essential to recover compensation for your medical bills, lost wages, pain and suffering, and other damages.
Negligence occurs when someone fails to act with the level of care that a reasonable person would under similar circumstances. In Georgia, you must prove that the other party breached a duty of care and that their actions directly caused your injuries.
What Does Negligence Mean?
Negligence occurs when a person fails to exercise reasonable care, resulting in harm to another. It is the failure to act as a reasonable person would under similar circumstances. In personal injury law, proving negligence means demonstrating that someone’s carelessness or recklessness caused your injuries and financial losses.
What Are the Elements of Negligence?
Georgia law requires proof of four elements to establish negligence:
- Duty of care: The defendant owed you a legal duty to act with reasonable care.
- Breach of duty: The defendant breached that duty by failing to act reasonably.
- Causation: The breach directly caused your injuries.
- Damages: You suffered actual harm or financial loss.
Each of these elements must be proven with credible evidence to succeed in your claim.
What Is Duty of Care?
A duty of care is a legal obligation to avoid causing harm to others. Common examples include:
- Drivers must obey traffic laws and drive safely to avoid crashes.
- Property owners must maintain safe conditions for visitors, customers, or tenants.
- Businesses should ensure that floors are free of spills or tripping hazards.
- Medical professionals must provide care that meets professional standards.
If a person or entity owed you a duty of care, they can be held liable if they failed to uphold that duty.
How Is Breach of Duty Proven?
A breach of duty occurs when a person’s actions fall below the standard of care expected in a situation.
Examples include:
- A distracted driver texting while driving and rear-ending another vehicle.
- A store owner failing to clean up a spilled drink for hours, leading to a slip and fall.
- A landlord ignoring broken stairs or missing handrails despite tenant complaints.
Your lawyer must show that a reasonable person would have acted differently to prevent harm.
What Is Causation in a Negligence Case?
Causation links the defendant’s breach of duty to your injury.
Georgia law recognizes two types of causation:
- Cause in fact (but-for causation): Your injury would not have happened but for the defendant’s actions.
- Proximate cause: The injury was a foreseeable consequence of the defendant’s actions.
Both must be proven. If an injury was caused by an unrelated event or if the defendant’s conduct was too indirectly connected, there may be no legal liability.
What Are Damages in a Negligence Claim?
Damages refer to the harm you suffered as a result of the defendant’s negligence.
They may include:
- Economic damages: Medical expenses, lost wages, rehabilitation, and out-of-pocket costs.
- Non-economic damages: Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
In severe cases involving reckless or intentional conduct, punitive damages may also be awarded to punish the wrongdoer.
What Is Comparative Negligence in Georgia?
Georgia follows a modified comparative negligence rule. Under Georgia law:
- If you are less than 50% at fault, you can recover damages, but your award will be reduced by your percentage of fault.
- If you are 50% or more at fault, you cannot recover any compensation.
For example, if you are awarded $100,000 but found 30% at fault, your recovery is reduced to $70,000.
How Do You Prove Negligence?
Strong evidence is required to prove each element. This may include:
- Photos and videos: Images of the accident scene, hazards, or damage.
- Police or incident reports: Official documentation of what happened.
- Medical records: Diagnoses, treatment plans, and proof of injury severity.
- Witness statements: Testimony from people who saw the accident.
- Expert testimony: Analysis from doctors, engineers, or accident reconstruction specialists.
- Employment records: Proof of lost wages and diminished earning capacity.
Your attorney will gather, organize, and present this evidence to build a persuasive case.
What Are Common Examples of Negligence?
Negligence can occur in almost any situation. Some common examples include:
- Car accidents: Distracted driving, speeding, or violating traffic signals.
- Premises liability: Slip and falls, inadequate security, or unmaintained property conditions.
- Medical malpractice: Misdiagnosis, surgical errors, or medication mistakes.
- Product liability: Defective or dangerous products causing injury.
The best way to determine if negligence is present is to speak to a qualified attorney.
How Long Do You Have to File a Negligence Lawsuit in Georgia?
Georgia’s statute of limitations for personal injury claims is two years from the date of the injury. Missing this deadline will likely bar you from recovering any compensation.
That means it’s important to act quickly after an accident to protect your rights. Gathering evidence, getting medical treatment, and speaking with a lawyer early can help you build a strong case before time runs out.
Why Does Negligence Matter in a Personal Injury Case?
Negligence is the foundation of personal injury law. Without proof of negligence, there is no claim.
Even if you are seriously injured, you cannot recover damages unless you can prove:
- The defendant owed you a duty.
- The defendant breached that duty.
- The breach caused your injuries.
- You suffered actual damages.
This makes gathering evidence and working with an experienced lawyer essential.
Contact Our Kennesaw Personal Injury Lawyers for a Free Consultation
If you were hurt due to someone else’s negligence in Kennesaw, GA, Starks Byron, P.C. is here to help. With over 30 years of combined experience and millions recovered in settlements and verdicts, our team understands what it takes to build strong negligence claims.
Call today to schedule a free consultation with a Kennesaw personal injury attorney. We will protect your rights and pursue the compensation you deserve.
