How Do I Prove the Other Party Is Liable for My Injury?
If you have suffered an injury that resulted from another’s actions, you may be entitled to file a personal injury claim against the at-fault party.
However, you must be able to prove the at-fault party acted negligently during the accident to cause your injuries. This will require several elements to have been present during the accident in order for you to recover compensation.
Below, Roden Law’s Macon personal injury lawyers have provided the factors we will look for when reviewing your personal injury claim. To learn more about your legal options after an accident, contact us to schedule a free, no obligation consultation.
Duty of Care
First, your attorney will look to establish that the at-fault party owed you a duty of care. This is a legal obligation the at-fault party had to act in a manner that would ensure your safety and avoid causing you harm.
For example, motorists have a duty of care to drive in a reasonably safe and prudent manner that will not result in an accident. This may include driving within the speed limit, following traffic signals or refraining from drinking alcohol before operating a vehicle.
Breach of Duty
Next, your lawyer will determine if the at-fault party breached his or her duty. This means the at-fault party failed to act in the same manner that a reasonably prudent person would have under similar circumstances.
For example, a motorist breaches his or her duty if he or she drives recklessly by speeding, texting while driving or ignoring traffic signals. However, your attorney will need evidence that shows the at-fault party’s actions were different from those of a reasonably careful person. For instance, your attorney could obtain traffic camera footage of the at-fault party driving recklessly or ignoring a traffic signal before the accident.
Once we have established the at-fault party breached his or her duty of care, we will need to show this action directly caused the accident that resulted in your injury.
This means you will need to show there was a direct link between the at-fault party’s actions and your injury. If you sustained an injury during a car accident that was caused by a driver failing to stop at a red light, we will work to show the at-fault driver’s actions directly caused you to suffer an injury.
Our attorneys will investigate your accident to prove the at-fault party’s actions directly led to the events that resulted in your injury. Likewise, we will gather medical documents that show your injury occurred during the accident and is not pre-existing or related to another incident.
The final element we will need to prove is that you suffered measureable damages due to the accident caused by the at-fault party. Measureable damages include anything that can be financially observed by a court, such as medical expenses, lost wages and loss of income.
What If I Am Partially At-Fault for the Accident?
Occasionally, both parties involved in a personal injury claim may have contributed to causing the accident. When this occurs, Georgia uses the standard of modified comparative negligence to determine each party’s level of negligence and the amount of compensation the victim can be awarded.
Under modified comparative negligence, you may still receive compensation as long as you are not more than 50 percent at fault for causing your own injury. Additionally, you will be assigned a percentage of fault that symbolizes your negligence during the accident. This percentage will be used to reduce the value of your claim.
For example, you may file a $100,000 claim after being injured in a car accident and are found to be 30 percent at fault for causing the collision. This means your claim will be reduced by 30 percent, resulting in your claim’s new maximum value at $70,000.
Often, insurance companies use Georgia’s negligence law to unfairly reduce the value of victims’ claims. For this reason, your attorney will work to ensure you are not assigned an inaccurate percentage of fault and receive the amount of compensation you deserve.
Contact Our Attorneys
If you suffered and injury due to another’s negligence, you may be entitled to compensation through filing a personal injury claim.
Contact Roden Law’s dedicated team of attorneys to schedule a free, no obligation consultation. We have obtained millions in verdicts and settlements for our clients, and continue to pursue maximum compensation for each claim we represent.
Our attorneys work on a contingency fee basis, which means we will not charge you upfront legal fees for representing your claim. We only require payment for our services if we recover compensation on your behalf. There is no risk to contacting us to find out about how we can help.