Helping Clients Determine Who is at Fault in a Personal Injury Case
In any personal injury case, the most critical question is almost always, “who’s fault is it?” Establishing fault, otherwise known as liability, is the key to determining who is responsible for compensating for any damages caused by the incident. Our Georgia personal injury team explains exactly how liability is proven below.
What is Negligence?
Negligence can be defined as actions that fall below the standard of care expected of a reasonable person that causes harm to another person. There are four main facets of negligence that must be proven for a party to be held liable for an injury:
- Duty: There needs to be a legal duty owed by the defendant to the plaintiff. An example of this would be a “duty of care” to other drivers on the road.
- Breach of duty: The plaintiff must prove the defendant violated the aforementioned legal duty.
- Causation: The defendant’s negligence must be the direct cause of the plaintiff’s injury, though the reason tends to be pretty apparent in most personal injury cases.
- Damages: The plaintiff must take on actual damages due to the incident. These are usually monetary damages that include: medical bills, lost income, pain and suffering, and property damage.
Most personal injury cases are due to one party acting negligently, directly causing harm to another individual.
What is Considered Intentional Conduct?
Liability can also be proven by establishing intentional conduct or conduct committed voluntarily to cause harm to another person. This is usually observed in the assault, battery, and other similar cases.
Negligence Per Se
This applies when there is an unexcused violation of a statute. If this is proven, the defendant is automatically liable for any damages if the violated statute prevented the plaintiff’s injury.
Contact Our Georgia Personal Injury Lawyer
If you have been injured due to someone else’s action, you deserve to be rightfully compensated, and the experienced team at Holston & Huntley, LLC can help you find success.
Have you or a loved one been injured? Call Holston & Huntley, LLC today at (404) 620-3337 or contact us online to schedule a consultation and learn how to prove liability!