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In many personal injury cases, the injured individual typically relies on the legal principle of “negligence” to demonstrate the other party’s fault for the accident that caused their harm. But what exactly is negligence? In the blog post below, we will review what negligence is, how it works, and what it can mean for your case.
What Exactly Is Negligence?
Negligence is a legal term that refers to a person’s fault for causing harm or an accident in certain situations. This responsibility, or duty, can be associated with a job or daily tasks. It can also take different forms, such as following traffic laws or refraining from a particular action. However, proving negligence can be challenging, especially since it involves four elements that must be proven sequentially for a plaintiff to receive compensation.
These elements are as follows:
- Duty of Care: The wrongful party had a responsibility to follow procedures, laws, or policies to avoid causing an accident or injuring another person.
- Breach of Duty: The wrongful party violated this standard of care.
- Causation: The wrongful party’s actions caused the plaintiff to sustain the harm and losses.
- Damages: The plaintiff incurred actual damages due to the defendant’s negligence and is entitled to financial relief as a result.
The Financial Damages You Can Pursue
If an individual can establish that another person’s negligent actions caused them to sustain harm or losses, they may be able to pursue compensation for the following:
- Current and future medical bills (doctor visits, surgeries, medication, assistive medical devices)
- Lost income and business opportunities
- Replacement costs
- Other out-of-pocket expenses
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of the ability to enjoy life
To understand which damages you may be entitled to after an accident, consider consulting with an experienced personal injury attorney. These legal professionals can review your case and determine whether you have a viable claim, try to establish the extent of the harm you suffered, and assist you in pursuing the financial recovery you deserve.
How Long Do You Have To File an Injury Claim?
Following an accident, individuals will only have a certain amount of time to pursue legal action and sue for negligence. For instance, in Georgia, individuals will only have two years from the date of an injury or death to file a civil case due to a motor vehicle accident or other personal injury claim. Failing to file by this deadline may prevent them from going after the financial compensation they need. That is why, after a Georgia personal injury accident, consider speaking with an experienced legal professional as soon as possible to determine what legal steps you should take next.
Learn More About the Legal Options You Have, Contact Richard D. Hobbs & Associates Today
Negligence laws are not only diverse but complicated due to the elements and time limits involved. If you were in an accident in Georgia and want to know what legal options you may have, contact Richard D. Hobbs & Associates today and learn how our skilled and dedicated legal team can help you.