Negligence forms the basis of most personal injury claims in Georgia, but many victims wonder what negligence actually means. In plain language, negligence occurs when you get injured because someone else was acting carelessly.
When you are injured because of someone else’s negligence, they may owe you monetary compensation for your medical bills, lost wages, and pain and suffering. However, proving negligence can sometimes be easier said than done.
Whether or not you are successful with your personal injury claim likely depends on whether or not you have sufficient evidence to prove the defendant’s negligence. Dive into the details below to learn everything you need to know about negligence.
What is Negligence?
At its most basic form, negligence is reckless or careless behavior that causes someone else to get hurt. The tort of negligence includes four elements. Those are:
- Duty of care
- Breach of duty
- Damages
- Causation
Proving negligence requires proving all four of these elements. Failure to prove even one of the elements may prevent you from recovering compensation for your damages.
Consider a scenario involving potential negligence. Imagine you are hurt in a car accident because another driver was speeding. They could be held responsible for all your injuries. However, getting compensated for your injuries will require you to prove the other driver’s negligence.
When Does Someone Owe You a Duty of Care?
A duty of care is often established by law, moral, or custom. The duty of care is a legal obligation to act in a reasonable manner under the current circumstances. Said another way, it is a requirement to behave as a reasonable person would behave in a similar situation.
Think back to the car accident scenario mentioned above. When you operate your vehicle on the road, you owe other drivers a duty of care to operate your car in a safe and reasonable manner. So, by driving a vehicle, the driver in this scenario owes you a duty of care to avoid careless and unreasonable conduct on the road.
When Is a Duty of Care Breached?
A breach of the duty of care occurs when a person fails to act in a manner that upholds the required standard of care. Basically, they fail to act in a reasonable manner. A breach of the duty of care may occur by act or omission. In some cases, failing to act could be considered a breach of the duty of care in that specific scenario.
Think back again to the car accident scenario. Not only was the other driver’s behavior negligent, but it was also illegal. Speeding laws are in place to protect people from harm. By breaking the speeding laws, the other driver placed you and others in harm’s way.
So, as part of your personal injury claim, you will need to prove that the other driver’s conduct breached the duty of care. You may present evidence to show that the other driver was speeding, such as:
- Witness testimony
- Expert opinions
- Surveillance footage
- Crash reconstruction
Once you have proven that the defendant owed you a duty of care and breached that duty, you will need to prove your damages.
What Are Damages in a Negligence Case?
Damages in a negligence case can be any loss or adverse consequence that you suffer. Damages can be physical, emotional, or financial. Some common examples of damages sustained in car accidents are:
- Medical bills
- Lost wages
- Pain and suffering
- Property damages
- Emotional distress
- Wrongful death
Keep in mind that there generally must be some physical injury or property damage present in your claim. Negligence claims involving only non-economic damages can be difficult to win. Suppose you suffer a brain injury in our car accident example. You would likely have significant economic and non-economic damages as a result.
What Does Causation Mean and How Do I Prove It?
The last element that must be proven is causation. You must show that the defendant’s conduct was both the direct and proximate cause of your injuries or damages. Direct causation means that the conduct was the direct cause of your injuries. Alternatively, you would not have suffered your injuries were it not for the defendant’s conduct.
Proximate causation requires proving that your injuries were a reasonable and foreseeable consequence of the behavior. A brain injury is both a reasonable and foreseeable consequence of a car accident, especially when one vehicle is traveling at a high rate of speed.
To prove causation, you can present evidence that shows the other driver was speeding. You could testify that you would not have been injured if it were not for their speeding vehicle slamming into yours. Finally, you can show that your injuries and the associated financial losses were all a foreseeable result of the defendant’s behavior.
How Can I Get Help With a Negligence Claim in Brunswick, GA?
If you have been hurt in an accident, you should get the help of an experienced personal injury lawyer right away. Your time to file a claim after an accident is limited. Do not miss your opportunity to hold the negligent party accountable for their actions.
Contact the team at Mayfield Law, LLC, or call us today at (912) 457-8557 to schedule a free consultation. We can help you prove all the elements of negligence so that you can get the compensation you are owed. Give us a call today to let us get started helping you.