How is Fault Determined in a Personal Injury Case?

If you’ve been injured in any type of accident, you may have a claim under personal injury. Of course, the only way anybody can collect damages is if they can prove the other party was at fault in their personal injury case. This is why it’s a good idea to hire a personal injury lawyer in Carrollton, Georgia. They understand the laws in Georgia and know what it takes to prove your case. 

In most instances, your injury attorney in Carrollton, Georgia will need to show that the other party was negligent in order to collect damages. Once they have proven negligence on the part of the defendant, they can move forward to prove your damages and get you the compensation you deserve.

If you have questions about your own personal injury case, feel free to give us a call. You can schedule your free consultation, by phone or through our website.

Your Lawyer Must Prove Negligence in Your Personal Injury Case

In most personal injury cases in Georgia, the burden of proof is on the plaintiff to prove that the other party was negligent. Whether you were involved in a car accident or slip and fall, it’s your job to prove that the other party didn’t act in a reasonable manner given the circumstances.

In order to prove negligence in a personal injury case, your personal injury lawyer in Carrollton, Georgia will have to demonstrate the following four things:

  • Duty of Care

The first thing your attorney must prove is that the defendant owed you a duty of care. The way they do this will vary depending on the type of accident you were in. 

For example, if you fell at a grocery store and injured your back, this will be considered a slip and fall case. In order to prove that the grocery store was liable, all your attorney has to do is prove that they had a duty to provide their customers with a safe and clean environment. 

If, on the other hand, you were involved in a car accident, then your injury attorney in Carrollton, Georgia would have to show that the other driver owed you a duty of care. They could do this by simply pointing out that all drivers owe a certain duty of care to other motorists. At a minimum, they must obey all the traffic laws.

  • Breach of Duty

The second thing your lawyer must prove in your personal injury case is that the defendant breached this duty. This will always come down to the facts of your personal injury case. 

In the grocery store example above, if you can show that the floors in the grocery store were wet and slippery, you will have proven breach. Similarly, in the car accident case, if you can prove the other driver was texting at the time of the crash, you will have satisfied this burden.

  • Injuries

One thing we always tell our clients is that it’s not enough that they were involved in an accident. You must be able to prove that you were injured. This is why it’s so important that you go to the hospital immediately after your personal injury. This way, your personal injury lawyer in Carrollton, Georgia can submit a copy of your medical records to prove that you were hurt.

personal injury lawyer in Carrollton Georgia

  • Causation

In any personal injury case, your journey will have to prove that your injuries were caused by the defendant’s breach of duty. This shouldn’t be difficult. Unless the defendant can show that an intervening action caused your injuries, it’ll be easy to prove that it was their behavior that was responsible for your injuries.

Once your injury attorney in Carrollton, Georgia proves negligence, they can proceed with proving your damages.

Your Injury Attorney in Carrollton, Georgia Also Has to Prove Your Damages

When we meet with most of our clients for the first time, their biggest concern is how much their case is worth. This makes sense. The only reason you hire an injury attorney in Carrollton, Georgia is so they can get you compensation for your injuries. In most personal injury cases, our clients are entitled to some or all of the following types of damages:

  • Medical bills and future medical bills
  • Property damage if you were in a car accident
  • Lost wages if you missed more than a couple of weeks from work
  • Lost future income if you can no longer do the same work you did prior to your accident
  • Pain and suffering for any mental or physical anguish you suffered as a result of your personal injury
  • Punitive damages are only available if you can show the other party acted maliciously, recklessly, or intentionally

Depending on the severity of your injuries, you may be entitled to a significant amount in damages. 

The Defendant Will Argue that You Were the One at Fault

It’s important that you don’t assume that the judge or jury will find in your favor. As hard as your personal injury lawyer in Carrollton, Georgia is working to prove that the defendant was at fault, their attorney is doing the same thing. 

The defendant in your personal injury case is going to argue that you were responsible for the accident. They don’t want to pay damages. In fact, they may file a counterclaim and demand damages from you. 

For example, if you were involved in a motor vehicle accident, the other driver may demand damages from you for their injuries. This is why it’s important that you meet with an injury attorney in Carrollton, Georgia early enough so that they can file the initial complaint in your personal injury case. This way, you’re listed as the plaintiff and not the defendant.

What Happens if You’re Found to Be Partially at Fault?

Even if you are found to be partially at fault for your accident, you can still collect damages. This is because Georgia follows the comparative negligence rule. This rule states that a plaintiff can still collect damages as long as they are less than 51% at fault. 

Of course, when you first meet with your personal injury lawyer in Carrollton, Georgia, if they think that you’re at least 50% at fault they’re not going to take your personal injury case. They will only agree to handle your personal injury case if they firmly believe that it has merit.

Contact a Skilled Injury Attorney in Carrollton, Georgia Today

If you or your loved one have been hurt in any sort of accident and you have a personal injury case, contact our office right away. You can schedule your free, initial consultation with an injury attorney in Carrollton, Georgia over the phone or through our website.

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