Personal injury law comes with jargon that’s confusing to the laymen.
Negligence is one of these terms acts as the legal definition for fault. Whichever party is negligent in a case, is the responsible party. Seth Bader is an experienced Atlanta personal injury lawyer.
In any case, a personal injury lawyer must prove fault, or negligence, in an accident. It would help if you didn’t gamble with your settlement by hiring an inexperienced lawyer. If you are facing a personal injury lawsuit, you should hire the best. Contact us today to discuss the details of your case.
We must prove negligence to win your case.
According to Georgia law, everyone has a responsibility to act with a duty of care in certain circumstances. For example, when you are driving down the road, you must obey traffic rules. If you are not following these laws, you are putting yourself and other drivers on the street in jeopardy. If an accident results from your erratic driving, then you are negligent and responsible for your accident. A skilled attorney will be able to gather information about your case to support your claim. Georgia is an at-fault state, so if you are found to have any responsibility in your accident, you might not receive compensation.
How do you prove negligence?
In any personal injury case, it is our job to prove negligence. We must show:
- The other party had a duty and did not act with care: Sometimes, it can be challenging to confirm that the other party had a responsibility to act with care. Car accidents can be pretty straight forward, while medical malpractice cases can be more difficult.
- They didn’t live up to their duty: The other party failed in keeping themselves and others safe. For example, if a company didn’t properly test their equipment and it caused an injury, they are responsible for that injury.
- Not doing their duty resulted in your accident: We must show that your accident was the direct responsibility of the other party. Most insurance companies will try to show that you fault in your accident. An experienced attorney can shoot down these claims and build a strong case against the other party.
- You have damages from your accident: If you have no injuries, you can’t receive compensation. So, we must show that you have medical bills, property damage, or other tangible expenses.
We have experienced personal injury lawyers
Personal injuries can affect you for the rest of your life, and getting proper compensation is essential to your recovery. We are prepared to fight for your interests every step of the way. We have handled many different types of negligence cases, including:
- Medical Malpractice
- Medical Negligence
- Car Accidents
- Construction Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Wrongful Death Accidents
We understand that every case is different, and we use a unique approach with each of our clients. It is our mission to build a strong claim against the other parties in your accident so that we can prove their negligence.
What is Modified Comparative Negligence?
Modified comparative negligence means that the law ascribes a portion of fault to each of the drivers in an accident. An investigation must be completed to determine how the accident occurred and which driver or drivers were at fault. More than one driver may be at fault for the collision. For example, a driver turns in front of another driver, who has the right-of-way, resulting in a crash. The other driver is found to have been speeding. This may have contributed to the crash.
Therefore, each driver is partly to blame. In this case, the driver who did not have the right-of-way will likely be ascribed a high percentage of fault while the other driver may be ascribed a small percentage. Each driver is allowed to obtain compensation for their injuries based on this percentage. It becomes critical to be able to prove fault in an accident.
Percentage of Fault and Recovery
Your damages include any costs that you incurred because of the crash. This might include immediate medical costs, expenses for rehabilitation or therapy, money for lost wages and for pain and suffering. The total amount of your actual damages will be determined and you will be paid a percentage of those based on your own responsibility for the accident.
For instance, if your medical expenses were $10,000 and you were found to be 10 percent at fault for the crash, you should expect to reduce your claim by 10 percent so you would receive $9,000 in this example. It is important to note that in Georgia you will not recover damages if you are found to be 50 percent or more at fault.
Types of Negligence
Disobeying Traffic Laws
Traffic laws are in place to protect drivers and others. If a driver disobeys a traffic law it is often a negligent act. For example, a driver is negligent if he goes through a red light. Another common traffic law that people break is the posted speed limit. Speeding is a negligent action because the driver should know that speeding could cause an accident with injuries.
Not Maintaining Control of the Vehicle
Drivers are required to maintain control over their vehicle at all times. If they fail to do so, it may be considered negligent. For example, a driver is driving at the speed limit but there is fog in the area and low visibility. If the driver loses control and crashes into another vehicle, it might be negligence.
Distracted driving occurs when the driver isn’t paying close enough attention to the road. There are three main types of distracted driving including taking your eyes off the road, taking your hands off the wheel and taking your focus off of driving. Some common examples of distracted driving include texting, eating, talking to others and using electronic devices. If a driver’s complete attention is not on the road, it may be considered negligence.
Failure to Use Safety Features
Vehicles are equipped with safety features that are supposed to be utilized when necessary to prevent accidents. The failure to use these features when appropriate could cause an accident and might be a negligent act. For example, a driver’s vehicle becomes disabled on the road. If the driver fails to put the hazard flashers on and another vehicle hits into the car, the driver might be negligent.
You deserve a knowledgeable negligence attorney
Don’t risk your settlement by relying on inexperienced attorneys. If you or someone you know has been a victim of a personal injury accident, the time to act is now. Contact us immediately to schedule your free consultation.