Proving Negligence in Personal Injury Cases
If you or a loved one have been injured due to someone else’s negligence, you may be entitled to compensation. Personal injury cases can arise from any situation and can happen anywhere. It could stem from a car accident, workplace injury, or even defective products.
Personal injury cases are often complex and it takes a seasoned, experienced lawyer to prove negligence. Sometimes, proving personal injury can be difficult because of the subjective nature of these cases. The experts at Kaplan & Lukowski have the knowledge and experience to help those in Georgia gain fair and just compensation for injuries caused by the negligent actions of another person or company. See what’s involved when proving negligence.
What is Negligence?
Negligence refers to the failure to use the degree of care that a reasonable and ordinary person would have exercised in similar circumstances. This could be that the individual acts recklessly in his or actions or omissions. Examples would include:
- Distracted driving (speeding, drinking or texting)
- Breaking a law
- Failing to restrain a dog that resulted in a bite or attack
- Failing to maintain their property which caused injury.
Proving Negligence in Georgia
There are four very important elements to every personal injury case:
- Duty: The law must first recognize that the defendant had a duty to act in certain ways under a given set of circumstance.
- Breach: Any personal injury victim must prove that the defendant breached or failed to fulfill the duty established by Georgia common law.
- Cause: Next, the victim will have to prove that the defendant’s failure to comply with his or her responsibilities cause harm.
- Harm: The plaintiff must prove that he actually suffered some injury that was caused by the negligence.
Building a Strong Personal Injury Case
There are several steps that must be followed in order to prove negligence. An experienced attorney, like Kaplan & Lukowski, LLP, will walk you through the steps in building a strong personal injury case. Those steps include:
- Collecting evidence: Evidence should be collected from the scene of the accident.
- Speak with eyewitnesses: Eyewitnesses can describe what they saw or heard at the scene. Strong eyewitnesses will not have any ties to the plaintiff or defendant.
- Technology: Examine surveillance footage and cell phones to see if there is any evidence to build a strong case.
- Experts: Industry experts can review evidence and offer their opinion on several aspects of a personal injury case.
Contact Kaplan & Lukowski, Georgia’s Personal Injury Attorneys
If you have been injured due to someone else’s negligence, it’s important to turn to personal injury experts. Kaplan & Lukowski will walk you through the entire process and help you get the best legal representation possible. In many cases, we can get you compensation for financial burdens caused by the injury, including lost income or potential wages, medical bills, and pain and suffering.
Contact Kaplan & Lukowski at 440-845-0012 or fill out our online contact form to schedule a consultation.