A personal injury case rooted in gross negligence means that the defendant has not simply been careless. In a gross negligence case, the plaintiff accuses the defendant of reckless and grossly irresponsible actions. Depending on the nature and severity of injuries, the plaintiff may seek for compensatory damages or punitive damages.
If your injuries are the result of grossly negligent behavior in Atlanta, GA, you deserve sufficient and immediate help.
Most likely, you will need immediate medical attention. Just as important, however, is the assistance of a trustworthy Atlanta personal injury lawyer. A Georgia personal injury attorney can look into the facts of your case and evaluate which legal move to take.
How is Gross Negligence Defined in the State of Georgia?
Gross negligence is a classification of negligence wherein there is wanton carelessness and disregard for the safety of others. Under the 2010 Georgia Code, specifically on Torts, there is a specific section on slight diligence. Slight diligence is the due care an individual must provide, despite their inattentiveness. When an individual in Atlanta, GA fails to ensure slight diligence, this can result in gross negligence.
More specifically, gross negligence is a reflection of the total disregard for the rights of other individuals. Oftentimes, a grossly negligent offender may be totally indifferent to the consequences of his or her carelessness in Atlanta, GA. An Atlanta personal injury lawyer will contrast this to ordinary negligence. This involves a failure to deliver an adequate level of caution.
If you are a victim of gross negligence in Atlanta, GA, you deserve to be fully compensated for your losses. In addition to the economic and non-economic damages which you may pursue, you may also fight for punitive damages. The ability to sue for punitive damages, however, will depend on the nature of the reckless negligence. A Georgia personal injury attorney can help you make the first move.
The Need for an Atlanta Personal Injury Lawyer in Gross Negligence Cases
Many accidents that stem from reckless actions result in severe, life-changing injuries. In the worst cases, these accidents can lead to amputations, deaths, or severely altered lives. A car collision that occurs due to speeding can result in a life-risking impact. A physician who ignores serious symptoms in a patient can risk the life of that very same patient.
Gross negligence cases, moreover, can have several defenses. To craft a good counter-defense, you will require the help of a committed Atlanta personal injury lawyer.
Some of the defenses which a Georgia personal injury attorney can counter in Atlanta, GA are:
Reasonable manner of behavior
The defendant may reason that they conducted their behavior in a reasonable manner, considering the circumstances. To disprove this, you will need the assistance of your Atlanta personal injury lawyer. It is crucial for you to prove that there was nothing reasonable at all about how the offender has acted.
The defendant did not have any duty owed to the plaintiff
A defense in negligence cases is that there is no duty of care owed to the plaintiff by the defendant. A property owner, for example, has no duty of care to a trespasser. If this defense does not hold true, however, you must consult with a Georgia personal injury attorney immediately. It is important to prove, for instance, that you were an invitee of the property owner. This means that the property owner should have exercised reasonable care in maintaining the safety of his or her premises.
The defendant’s legal counsel in Atlanta, GA may also assert that there was no causation. This specifically means a direct link between the reckless actions of the defendant and the injuries the plaintiff sustained. It is vital for your Georgia personal injury attorney to establish this important connection through ample evidence. An Atlanta personal injury lawyer may need to consult with doctors to further prove the cause of your injuries.
Get in Touch with a Georgia Personal Injury Attorney at the Law Office of John B. Jackson
If your injuries are the result of someone else’s reckless actions, you may be eligible for compensatory damages. You may also be entitled to punitive damages, in cases where malicious intent is involved. The most important thing you can do is to seek the help of a Georgia personal injury attorney immediately. Without proper action, even the worst form of negligence may not result in fair compensation in Atlanta, GA.
Work with a reliable Georgia personal injury attorney to make sure that your rights are upheld all the time.
Here at the Law Office of John B. Jackson, we have the Atlanta personal injury lawyer who can help. If you are unsure how to begin with your claims or lawsuit, we can help you take the first step. Get in touch with us at the Law Office of John B. Jackson now.