4 Primary Elements Of A Personal Injury Claim
If you’ve been injured due to someone else’s negligence in Georgia, filing a personal injury claim may be your best option for obtaining compensation for your damages. However, before you file any sort of claim, it is important to understand what elements are necessary for making a successful case.
Knowing these elements upfront will help ensure that you receive just compensation for any harm you may have experienced as a result of someone else’s negligence or wrongdoing. Our Alpharetta personal injury lawyers at Hawkins Spizman Trial Lawyers help injured victims navigate the insurance claims process and gather all available evidence to establish all four primary elements of a successful personal injury claim.
Personal Injury Claim: 4 Primary Elements
Building a successful personal injury case requires proving four essential elements: duty of care, breach of duty, causation, and damages sustained as a result of that breach or negligent behavior from another party involved in your accident/incident.
Let’s take a closer look at each of the four primary elements that must be present in order to prove a personal injury claim:
1. Duty of Care
The first element of a successful personal injury claim is the existence of a duty of care. This means that the defendant had an obligation to act with reasonable care and caution when dealing with you or your property. The extent of the duty depends on the situation and nature of the relationship between the plaintiff and defendant; oftentimes this will be determined by established laws or regulations.
2. Breach of Duty
Once it has been established that there was an obligation to act with reasonable care or caution, the next element requires showing that this duty was breached (e.g., through negligence). According to Georgia Code § 51-1-2, ordinary negligence is defined as the absence of the degree of care that would be exercised by prudent persons under similar circumstances.
In other words, it must be proven that the defendant acted in an unreasonable way that led directly to your injury or harm. It is important to note here that even if there was a breach of duty, no legal action can be taken against the negligent person if it did not ultimately cause any harm.
In addition to demonstrating that there was a breach of duty and actual harm done as a result, causation must also be established. This means showing that it was actually the defendant’s actions that caused your injuries and not just some unrelated event or occurrence. This can sometimes be difficult to prove since there could have been multiple factors at play leading up to your injury. However, this element is essential for any successful personal injury claim.
The last element requires evidence demonstrating financial losses suffered due to the incident in question. These losses can include medical bills, lost wages from missed work, pain and suffering due to physical/emotional trauma caused by the incident, etc. Having clear documentation outlining these costs will make building your case much easier and increase its chances for success if taken all the way through trial proceedings.
Get Legal Guidance for Your Personal Injury Claim
For those considering filing such claims it is important to understand each element so that they can properly prepare themselves for litigation should their case end up going before a judge or jury trial. Contact our knowledgeable lawyers at Hawkins Spizman Trial Lawyers to get legal guidance for your personal injury claim and start gathering evidence to prove the above-mentioned primary elements. We represent injured victims in Alpharetta, Sandy Springs, Cobb County, Dunwoody, Johns Creek, Fulton County, Atlanta, and Gwinnett County. Call 770-685-6400 to set up a free consultation.