People are injured in accidents on a daily basis. From minor slips and falls to major car accidents, someone is injured with every tick of the clock. In many cases, people get up, brush themselves off and get on with their day. In more severe cases, people are put into financial constraints that have them seeking compensation for injuries and property damage.
While any person has the right to file a personal injury lawsuit, not every case will be accepted into court or, if it is accepted, will be successful. If a person is injured through the fault of someone else, that person must be able to prove negligence. In Georgia, a person has a reasonable duty of care of their property and their behavior.
John gets in his car in the morning and leaves for work. He has a reasonable duty to operate his car in accordance with traffic laws. John is distracted by his cell phone as he approaches an intersection and fails to stop, striking the car ahead of him. The person in the vehicle that has been hit suffers a neck injury. That person may have a successful lawsuit because John was negligent in his duty of care.
Negligence is an element that must be proven in all personal injury lawsuits, no matter the plaintiff, the incident or the injury. Accidents happen. When that accident is caused because someone failed to behave in a reasonably safe manner, the victim has the right to compensation. Due to the complexity of proving negligence in some cases in Atlanta, it is important to discuss any potential case with an experienced personal injury attorney.