Trusted Negligence Accident Lawyer
If you are looking for a Decatur negligence accident lawyer, Conoscienti and Ledbetter can help you. Please book an appointment with us today.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on June 28, 2023.
Speak with experienced Negligence Accident Lawyer today, for free.
RECOVERING DAMAGES WITH A DECATUR PERSONAL INJURY LAWYER
When a person or company fails to take reasonable steps to prevent causing harm to another party, they may be guilty of negligence. Negligence cases are tort cases that allow people to seek compensation from the responsible party. A negligence case can lead to a personal injury claim. It may occur at the workplace, on the road, or when using defective products.
Although monetary compensation may not undo the damage, it can relieve the stress of medical treatment. At Conoscienti and Ledbetter, we can help you recover costs for damage to your property, lost wages, and medical expenses. Our Decatur negligence accident lawyer can represent you and ensure that you receive maximum compensation.
What Are the Elements of a Negligence Claim?
You can show that a defendant was negligent by proving the following elements:
- Duty of care: You must show that the defendant failed to exercise reasonable care. In Georgia, reasonable care is the standard of an ordinary person in similar circumstances. For instance, a driver must follow traffic laws and prevent traffic accidents. By not doing so, negligence victims can seek damages.
- Breach of duty: This violates an obligation to act in a certain way. Before filing a negligence lawsuit, you must prove that the defendant violated their duty of care. For example, drivers who drive above the speed limit breach their duty of care to other road users.
- Injury and causation: To prove causation, you must show that the defendant’s breach directly resulted in the injury. For example, a drunk defendant recklessly crashed into your car, and the car accident resulted in a spinal cord injury.
- Actual harm: You must have been harmed by the defendant’s negligence to bring a lawsuit. If the driver was speeding, but no harm was caused to you, you cannot successfully file a negligence lawsuit.
Speak with trusted Negligence Accident Lawyer today, for free.
What Are the Types of Negligence?
Gross Negligence
This is a serious form of negligence that goes beyond mere carelessness. It occurs when one party acts recklessly, and a reasonable person would behave differently given the same circumstances.
Contributory Negligence
Contributory negligence operates as an absolute defense in favor of the defendant. They use this negligence to show that you contributed to the harm by failing to take reasonable care. You cannot recover compensation if you are partly responsible for your injury.
Strictly following contributory negligence may result in injustice. So, several states have adopted the comparative negligence principle.
Comparative Negligence
This occurs when both parties are partly at fault for an injury and fault is allocated for the accident. You may pursue a claim for damages even if you were partly responsible for your injury. But, the damages you can recover are based on your percentage of fault.
Georgia law (GA Code 51-11-7) makes provision for both contributory and comparative negligence. You must show that you could not avoid suffering harm by taking ordinary care. You may still receive compensation even if you contributed to the negligence. However, you may receive no compensation if the jury finds your contribution to be 50% or more.
Vicarious Negligence
Vicarious occurs when someone is deemed liable for the actions or omissions of another party, even if they were not directly involved in the negligent act.
Vicarious negligence often arises when there is a legal relationship, such as employer-employee or principal-agent, and the negligent party’s actions occurred within the scope of their duties or employment.
What Is a Negligence Lawsuit?
Negligence lawsuits arise from the actions or inactions of other people. The negligence accident lawyer must show that your injury was caused by the defendant’s failure to act reasonably.
A negligence lawsuit may arise from the following:
- Birth injuries
- Bicycle accidents
- Car accidents
- Construction accidents
- Defective product cases
- Dog bite cases
- Fire and burn injuries
- Gas explosions injuries
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse cases
- Slip and fall accidents
- Truck accidents
- Traumatic brain injuries
- Wrongful death cases
The damages you may recover from a personal injury lawsuit include medical expenses, lost wages, property damage, pain and suffering, disability, and loss of enjoyment of life. You may also recover punitive damages if the defendant’s behavior was egregious. These damages are meant to punish the defendant and serve as a deterrent for similar reckless conduct.
WHAT DO YOU NEED TO PROVE IN A NEGLIGENCE CASE?
To prove negligence, you must provide evidence that shows:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The breach caused your injuries or harm
- You suffered actual damages
The evidence may include photographs of the accident scene, medical records, witness statements, and expert opinions. The success of a negligence case depends on the strength of your evidence.
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WHAT ARE SOME DEFENSES TO A NEGLIGENCE CLAIM?
The defendant may raise several defenses to challenge your claim. Some common defenses include improper causation of injuries, contributory or comparative negligence, assumption of risk, and lack of duty.
If the defendant can successfully prove one or more defenses, it may result in a reduction or dismissal of your claim. It is crucial to have strong evidence and experienced personal injury lawyers to counter these defenses.
WHAT ACTIONS SHOULD YOU TAKE AFTER AN INJURY?
If you have fallen victim to the negligence of another party, you should do the following:
- Visit a medical facility if you have any injuries
- Collect and keep a doctor’s assessment or report about your condition
- Take photographs or video evidence showing your injuries and recovery process
- Inform your employer or supervisor (if a negligent act happened at work)
- Collect the contact information of any witnesses present
- File an accident report
- Do not sign any documents from the insurance company
- Preserve receipts from medical treatment
- Contact a negligence accident lawyer as soon as possible
After filing an accident report, the insurance company may try to settle quickly to avoid paying heavy amounts of compensation. But, although the initial sum may be tempting, it may not cover future medical expenses or lost wages. So, speaking to an experienced personal injury attorney before settling with the insurance company is important.
What Type of Damages Can You Recover?
The types of damages awarded in negligence lawsuits include:
- Actual damages: These are compensatory damages for the injury or actual harm the victim suffered.
- Aggravated damages: This is money awarded for emotional harm suffered by the victim.
- General damages: These are non-economic damages awarded without proof of any amount. They may cover pain and suffering, loss of enjoyment of life, or emotional trauma.
- Special damages: These damages are awarded for certifiable losses like lost wages or property damage.
- Punitive damages: These are additional money awarded by the court to punish the defendant for the negligent act. These damages are meant to prevent others from behaving similarly.
The negligence of the defendant allows you to request economic damages. These damages may cover your medical bills, prescriptions, rehabilitation, and surgeries. You may also receive compensation for financial losses while you are in recovery. The jury determines the amount of damages awarded. It also depends on your case and the evidence presented in court.
HOW CAN AN EXPERIENCED PERSONAL INJURY ATTORNEY HELP YOU?
If you have suffered injuries due to someone’s negligence, an experienced personal injury attorney can help:
- Investigate the case and gather evidence
- Establish liability and causation
- Guide you through the legal process
- Negotiate with insurance companies on your behalf
- Protect your rights and interests
- Pursue the maximum amount of compensation for your injuries
- Take your case to trial if necessary
Negligence lawsuits can be complicated. An experienced personal injury attorney has the knowledge and skills to handle your case efficiently and effectively.
CONTACT OUR SKILLED DECATUR PERSONAL INJURY LAWYERS TODAY FOR HELP
Dealing with insurance companies can be confusing, especially when they have a legal team working against you. But having an experienced personal injury lawyer standing by you levels the playing field. They can bargain with the insurance company and ensure that you receive maximum compensation.
The statute of limitation for bringing personal injury claims in Georgia is two years. So, to secure your compensation, you must act quickly. We can professionally represent you in court and identify key evidence to facilitate compensation. We can also argue your personal injury case before the jury and convince them to issue a favorable verdict.
To avoid losing your rights to compensation, consider hiring a skilled car accident lawyer, pedestrian accident lawyer, or personal injury attorney, depending on your circumstances, to protect your rights to compensation. Contact our Decatur personal injury attorneys today!
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
