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How to Prove Negligence in a Personal Injury Case

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When you’re injured because of another person’s negligence, it’s common to feel irrationally annoyed and even angry at the entire situation. Because of one person’s choice to text and drive, leave a rickety staircase up at their place of business, or unleash their aggressive dog, you’re left with medical bills, lost wages, and mental trauma. Fortunately, you have legal options—with a personal injury claim, you can hold the liable party accountable and demand compensation.

A big part of a personal injury claim is proving negligence. Find out what it takes to prove negligence successfully, and when you’re ready to start your claim with The Stein Firm, call us at +1 770-961-1700

Elements of Negligence in Georgia

Several elements of negligence must be present for you to prove the other party’s liability. We’ll break those down here and give examples of how these elements look in different types of claims:

  • Duty of care: For a person to be negligent, they must have a duty of care to you—some sort of obligation toward you. In a car accident, this is straightforward. All drivers have a duty of care to other drivers, pedestrians, bicyclists, and motorcyclists. Dog owners have to keep their dogs under their control at all times, either via a fence or leash. Property owners should keep their property safe and well-maintained for visitors.
  • Breach of the duty of care: The other party must have breached that duty of care in some way. A driver may breach their duty by driving too fast for weather conditions or driving while impaired. A property owner may fail in their duty when they allow their building to fall into disrepair. A dog owner could breach their duty of care by allowing their dog to walk unleashed next to them.
  • Causation: The other party’s breach of duty of care must be a direct cause of the accident that injured you. The impaired driver hit you and caused your injuries as a result of their impairment. The dog owner’s pet was able to chase you down and bite you because the sound of your skateboard scared them. The property owner’s negligence caused you to fall and break a bone on their rickety staircase.
  • Measurable damages: Finally, you must have measurable damages. This means that you must have suffered actual injuries and losses as a result of the other party’s negligence. If someone is texting and driving and almost hits you, you can’t file a claim just because they could have hurt you. If a dog owner catches up to their dog at the last second and pulls them back before they can bite you, you don’t have measurable damage.

 

Evidence to Support Negligence Claims

When pursuing a negligence claim, gathering compelling evidence is essential to support your case and increase your chances of a favorable outcome. Here are key types of evidence that can strengthen your claim:

  1. Documentation of the Incident: Start by collecting any documents related to the incident, such as police reports, accident reports, or incident records. These documents provide essential details about what happened and can serve as a foundation for your claim.
  2. Photographic Evidence: Take photographs of the accident scene, any property damage, injuries sustained, and relevant road conditions. Visual evidence can vividly illustrate the circumstances of the incident and help establish fault.
  3. Witness Statements: Eyewitness testimonies can provide crucial accounts of the events leading up to the incident. Collect contact information from witnesses and obtain their statements as soon as possible while the details are fresh in their minds.
  4. Medical Records: Obtain copies of your medical records, including diagnoses, treatment plans, and expenses incurred as a result of the incident. Medical documentation serves as evidence of the injuries you sustained and the associated damages.
  5. Expert Opinions: Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide valuable insights and opinions regarding the cause of the incident and the extent of your injuries. Their expertise can strengthen your case and lend credibility to your claims.
  6. Communications and Correspondence: Keep records of all communications with the negligent party, insurance companies, and any other involved parties. This includes emails, letters, and phone call transcripts. These communications can reveal admissions of fault or other relevant information.
  7. Financial Documentation: Maintain records of any financial losses resulting from the incident, such as medical bills, lost wages, property damage repair costs, and other expenses. These documents provide tangible evidence of the economic impact of the negligence.
  8. Past Incidents or Complaints: If applicable, research and gather information about any past incidents or complaints involving the negligent party. This history may indicate a pattern of behavior or negligence that strengthens your case.

By meticulously gathering and organizing these types of evidence, you can build a strong foundation for your negligence claim and improve your chances of securing the compensation you deserve. Consulting with an experienced legal professional can also provide valuable guidance throughout the process.
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Start Your Personal Injury Claim with The Stein Firm

The sooner you begin a personal injury claim after an accident, the sooner we can start building your case. Let’s start by setting up a time to talk about your accident and injuries. Schedule a consultation with our Morrow personal injury lawyers now by calling us at 770-824-3107 or sending us a message online.

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