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How to Prove Negligence in a Personal Injury Lawsuit

If you have been injured in an accident caused by another person’s negligence, you may be eligible to file a personal injury lawsuit to recover damages for your losses (e.g., medical expenses, property damage, lost income, pain and suffering, etc.). However, there are certain elements you must prove to succeed in a personal injury case and obtain your entitled compensation. 

The following are the four elements you must prove in a personal injury claim based on negligence: 

  1. Duty of care – A duty of care is a person’s responsibility to avoid harming others or placing them in danger. For example, all drivers have a duty to obey the traffic laws and drive in a safe manner. When it comes to medical malpractice, all doctors have a duty to provide reasonable care to their patients. 

  1. Breach of duty – After duty is established, you (the plaintiff) must show that the at-fault party (the defendant) breached their duty. In other words, the driver violated a traffic law or failed to drive in a safe manner, or the doctor failed to provide care to their patient like any reasonable healthcare provider. 

  1. Causation – You must then show that the defendant’s failure to exercise reasonable care resulted in your injury. However, the defendant may claim that negligence may not be the only cause of the accident – he/she is aware of his/her own negligence. If you were partially at fault for the accident, your own liability will reduce or even restrict your ability to recover compensation. 

  1. Damages – Finally, you must demonstrate an actual injury—physical and/or emotional—or “damages.” Common types of physical and emotional injuries include hospital bills, property damage, lost wages due to missing time from work to recover from injury, and emotional distress stemming from the traumatic event. 

A skilled personal injury attorney can help you determine if your case fulfills all the required elements for a negligence case. At The Dickinson Law Firm, we have more than four decades of legal experience helping our clients throughout Georgia obtain the most favorable outcomes inside and outside the courtroom. 

Contact us today at (770) 766-7739 for a free consultation. You only pay us if you win your case! 

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