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Georgia Personal Injury Defined

By Evan L. Kaine

At Kaine Law, we specialize in personal injury cases which can be complex and detailed.  If you are injured due to someone else’s negligence, the last thing you want to worry about is the legal side. Our law firm is dedicated to minimizing our clients’ stress and maximizing their recovery.

Unfortunately, many personal injury victims don’t fully understand the insurance claims process and can be taken advantage of by the insurance companies.

Negligence in Georgia

Whether or not you have suffered a personal injury, it’s important to understand the elements of negligence cases. Before you file a personal injury claim, it’s good to understand that not every injury will result in a successful claim.  Under Georgia personal injury law, to have a winning case, one must meet the following elements of negligence:

  1. Duty: The other party must owe you a legal duty of care.  For example, every driver owes other drivers on the road a duty of care (i.e., a duty to keep a safe distance between their car and yours or don’t drink and drive).
  2. Breach of Duty: To make a successful personal injury claim, you must prove that the other party acted in a way that breached their duty of care to you.  For example, another driver fails to keep a safe distance between their car and yours and crashes into your car or they drink and drive.
  3. Causation: You must prove that the other party’s breach of duty caused your injuries. Therefore, the driver who slammed into the back of your car, or drove while intoxicated, caused you to have injuries.
  4. Damages: As a result of the car accident, you must have sustained damages.  Damages can be proven through medical records, medical bills, receipts, witness testimony, etc.  One must prove their damages in order to be entitled to compensation for their personal injuries.

Unfortunately, personal injury claims are never a slam dunk. All 4 of these elements must be proven in order to have a strong and effective claim for negligence in Georgia.  If your claim is substantial, it is important to find a law firm dedicated to helping you fight those responsible and getting the highest settlement possible for your damages and future!

Posted in Personal Injury |
Published June 05, 2018
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