What do I need to prove to recover damages in a Georgia personal injury case?

Proving negligence in your personal injury caseWhen you're hurt in a Georgia car crash, truck wreck, or other accident caused by negligence, you may be entitled to compensation for related medical expenses, property damages, lost wages, pain and suffering, and other losses. However, in order to recover damages, you'll have to show that the party named as the defendant in your lawsuit—whether a person or business—was, in fact, negligent.

To do this, you and your attorney have to prove the following four elements of a personal injury claim:

  • Duty of care. The defendant had a legal responsibility to take reasonable care to avoid injuring others. In car, truck, and motorcycle accidents, this generally means operating the vehicle safely to avoid causing crashes.
  • Breach of duty. The defendant breached the duty of care with an intentional act or an act of carelessness, such as driving while distracted or operating a vehicle under the influence of alcohol or drugs.
  • Causation. The defendant's breach of duty of care caused the accident in question. For example, driving while distracted or failing to stop for a stop sign resulted in a crash.
  • Damages. You suffered physical injuries and other losses as a result of the defendant's negligence. These injuries wouldn't have occurred if not for the defendant's conduct.

Unfortunately, personal injury litigation can be very complicated—and it can be difficult to recover the compensation you deserve without the help of an experienced accident and injury attorney. At Rechtman & Spevak, our skilled Georgia personal injury lawyers will investigate your case, and gather and preserve the evidence necessary to prove negligence and recover fair damages.

Talk to Us About Your Georgia Personal Injury Case

Contact us today to schedule an appointment for a free initial case consultation. We look forward to discussing your case, and helping you understand your legal rights and options. Act now, as Georgia law gives you just two years to file an injury claim.