What is Negligence?
A key component of personal injury lawsuits is establishing negligence. Negligence is a type of tort or “civil wrong” in which a person acts in an irresponsible manner which falls far below the competence level that is expected of him or her and results in serious injury or death to another. Negligence must be proven in any personal injury lawsuit or the suit will likely be thrown out.
Proving Negligence
There are several elements of negligence that must be proven in a personal injury lawsuit. These elements include:
- Duty of care: the defendant must have had a reasonable duty to avoid causing injury to another.
- Breach of duty: the defendant failed to carry out their duty to avoid injury to the plaintiff.
- Cause: there must be proof that the defendant’s breach of duty caused the injury specified in the lawsuit.
- Damages: it must be proven that damages occurred as a result of the plaintiff’s breach of duty. Damages can take several different forms.
Types of Damages
The most obvious damages are medical costs for the injury itself. Other damages include compensation for emotional pain and suffering or lost income if the injury left the defendant unable to work.
Proving damages includes being able to show medical paperwork detailing the extent of the injury as well as medical receipts to verify financial expenses.
Contact Us
If you or a loved one has suffered from an injury that was sustained due to the negligence of another, contact the Atlanta personal injury lawyers of Webb, Wade & Taylor, LLC at 770-631-1811 to schedule a consultation today.
