When a Georgia resident is injured in a car accident, many things seem to happen all at once. There’s the doctors, and the police and the insurance companies, all of whom have necessary jobs to do, but can end up overwhelming even the most capable individual. Then, after some of the aftermath has settled and the process of healing begins, the injured person and his or her family have to deal with the bills. Medical and rehabilitation expenses can mount quickly, and the stress can begin all over again.
However, some of that stress may be alleviated when injured people understand that if someone else was at fault for the original accident, they may be entitled to compensation through a civil lawsuit. These personal injury actions can take a number of forms, but the most common is that of a negligence case. In such cases, the plaintiff is attempting to prove that the at-fault individual acted negligently in doing, or not doing, something that he or she was supposed to do or not do, and that this negligence is why the injured person incurred the costs.
To succeed in a negligence case, a plaintiff will need to have evidence to prove several “elements” in the case. These elements are the basic building blocks that connect the defendant’s actions to the plaintiff’s injury. The first thing that must be shown is that the defendant had a legal duty that was owed to the plaintiff, and that the defendant breached that duty in some way. Then there will have to be evidence that the breach of the legal duty caused the accident, both as a cause-in-fact and a proximate cause. Finally, the plaintiff will need to show that some provable damage was done by the negligent activity.
While they can sometimes be straightforward, many negligence personal injury actions get very complicated, especially dealing with questions of legal duty and proximate cause. Those who believe they have a right to compensation due to injuries from a motor vehicle accident may want to consider seeking out an experienced Georgia attorney.