A variety of factors will determine whether you have a valid personal injury case in Georgia. You will need to establish the following facts:
- Another individual acted negligently
- This person’s negligent actions directly resulted in your injury
- You suffered monetary damages as a result of your injury
At your initial consultation, the Atlanta personal injury lawyer at Robbins & Associates, PC will evaluate the details surrounding your accident to help determine whether you have a case. If we believe you do, we will advise you on the best way to proceed.
In general, negligence has occurred when an individual acts carelessly or fails to take the appropriate steps to ensure the safety of others. If this negligence results in an injury to you or a loved one, you may be entitled to receive compensation for your damages.
In order to prove negligence, you will need to establish the following elements:
- The individual owed a legal duty of care to you under the circumstances surrounding your accident
- This legal duty was not fulfilled due to actions committed by the individual (or in some cases, by a failure to act)
When Multiple Parties are Negligent
Sometimes, more than one person’s negligence can result in a serious personal injury. If multiple parties were at fault for your accident, then all of the negligent individuals may be held responsible for a portion of your damages. These cases can be highly complex, as you will have to prove the extent to which each party was negligent. Our Atlanta personal injury lawyer has a great deal of experience handling claims where more than one party was negligent, and we can help ensure that all appropriate parties are held accountable.
Comparative negligence refers to the degree to which each party involved was responsible for your injury. This can include you. For example, if you are injured in an auto accident and it is determined that you are 30% at fault for the accident, then according to the doctrine of comparative negligence, the other driver would only be responsible for compensating you for 70% of the damages – in other words, for his percentage of fault in the accident.
There is no clearly defined formula for calculating each person’s comparative negligence. When determining the value of your claim, we will evaluate any potential comparative negligence which may be attributed to you. If your actions partially contributed to the accident, we will advise you on how that may affect the success of your case.