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Posted on April 19, 2019 in personal injury
Have you suffered injuries in an accident caused by someone else’s negligence? You could file an insurance claim or personal injury lawsuit in Georgia civil court. However, you may want to assess if you have a strong claim before you begin this process. If your personal injury case has any of the following elements, you may have a strong claim.
Before you can begin your Atlanta personal injury claim, you first need to establish whether your accident falls under the definition of a personal injury. To suffer a personal injury, you need to sustain physical and/or emotional damage in an accident caused by someone else’s negligence or recklessness.
If you caused the accident or no one else was involved, it would not be a personal injury case. However, if you do meet these definitions, you can establish that you suffered a personal injury and can begin your claim.
Next, you will have to prove that the other party owed you a duty of care. Establishing this element will depend on the circumstances of your specific case. For example, if you suffered an injury in a car accident, you can prove that the other driver owed you a duty of care to drive safely and responsibly simply by being on the road. If you suffered an injury at the hands of your doctor, you will have to prove that you were a patient under the doctor’s care to establish this element.
If you cannot prove that the other person owed you a duty of care, it will be very difficult to have a successful case. Speak to a personal injury attorney as soon as possible to discuss the circumstances of your case and determine if a duty of care exists. Cases where you can establish a duty of care are stronger than those without it.
Next, you will need to prove that the other party breached his or her duty of care to you. Again, this element will depend on the circumstances of your case.
For car accidents, a driver who fails to follow traffic laws or engages in dangerous driving practices, such as distracted driving or driving under the influence, could constitute a breach of care. A doctor who misdiagnoses a patient in a way that a reasonable doctor would not or prescribes the wrong medication could constitute another breach.
Establishing the breach of care is very important in personal injury cases. It sets up causation for your injuries and is crucial to proving your case. If you can identify a clear breach of care, you will have a stronger case than those who cannot establish this fact.
After establishing the breach of care, you will have to prove that the at-fault party’s breach directly or substantially caused your injuries. For example, a driver who runs a red light and crashes into your car, leading to you suffering broken bones, could establish that a breach caused your accident.
For a doctor who prescribes the wrong medication, you suffering adverse side effects or a worsening condition because of that medication will also establish causation.
Having evidence that can support this causation is crucial to a successful personal injury claim. If you have medical records, police reports, witness testimonies, or any other pieces of evidence proving this causation, you have a strong personal injury case.
If your case includes any of the above characteristics, you may have a strong personal injury claim on your hands. To begin the lawsuit or insurance claim process to secure your compensation, contact our personal injury attorney team to schedule a free consultation.