Negligence is the failure to exercise reasonable care which subsequently results in injury or death to another individual or party. Georgia negligence law involves two types of negligence. In the first type, an individual acts in a way that another would not; in the second type, an individual fails to act in a way that another would in order to prevent injury. Both types of negligence can cause the victim to take legal action against the responsible party to seek compensation for damages.
Although businesses and individuals typically take safety precautions, some parties may become lax at times. In these cases, innocent bystanders or consumers may sustain injuries or die due to another’s negligence. In fact, neglect can be a determining factor in a variety of circumstances, including workplace accidents, car accidents, slip and fall accidents, medical malpractice, and more.
If you were injured and you believe that the accident happened because of negligence, you have the legal right to pursue a claim and seek compensation. The attorneys of Van Sant Law, have filed lawsuits for our clients throughout Georgia, and we are available to assist you if you believe you have a case.
According to negligence law, an individual or entity is to be held responsible when their actions or lack of actions directly cause the injury or death of another. However, a victim must be able to prove that the party who is allegedly responsible neglected to demonstrate care that another reasonable individual would have under the same circumstances.
The four elements that a plaintiff must prove when pursuing a negligence claim include:
- The defendant had an obligation to the victim or the public
- The defendant violated that obligation
- The violation caused injury to the victim
- The victim’s injury was predictable to a reasonable party
For instance, an automobile manufacturer is obligated to design and produce a vehicle that is safe and free of unreasonably hazardous defects. However, if the manufacturer produces a car that has faulty brakes, the company has violated its duty. Additionally, it is predictable that a vehicle with malfunctioning brakes will become involved in a crash or accident and that others could suffer from injury or die in that particular incident.
However, while negligence must contribute to the injury sustained by the victim, negligence need not be the only cause. In the example above, if the driver was speeding at the time of the accident and caused a collision, the victim in the other car could possible file a personal injury lawsuit against both the manufacturer of the defective brakes as well as the driver of the vehicle for speeding or reckless driving. For this reason, it is important to seek legal advice if you believe that you have a negligence lawsuit, as you could potentially hold more than one party accountable for your damages or injuries.
Van Sant Law, Can Help Victims of Neglect
Unfortunately, recovering compensation following an accident may be a difficult process, particularly because many insurance providers are not interested in paying the full amount to which their policyholders are entitled. Instead, these companies believe that doing so would reduce their bottom line, so they deny legitimate claims or attempt to reduce the amount that a victim truly deserves. If you believe that your injury was caused by negligence, you may have recourse and grounds to pursue a claim. Contact Van Sant Law, today at (404) 991-5950 for more information about the legal process and to determine whether you are eligible to seek compensation for your injuries.