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Proof in a Georgia Injury Case: Four Things Every Plaintiff and Lawyer Must Prove

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There are Four Basic Elements that must be met by a person injured in Georgia:

1. Did the other party owe you a Duty? For example, all drivers have a duty to pay constant attention to their driving.

2. Did that other party Breach that duty? For example, the other party may have been texting on their cell phone while driving and not paying constant attention to their driving.

3. Was the breach of that duty the Cause of the Injury? If the texting driver ran into you and you were injured, the texting driver caused your injury. Insurance companies may argue that your injuries were not a result of the accident, that you were already injured prior to the accident or your injuries were worse then they should be because you did not seek proper medical treatment. Proving causation is often the biggest point of debate in a Georgia Injury Case.

4. Damages. Were you injured? Did you miss paychecks from missing work? Medical Bills? Will you be left permanently injured? In short, what is the numerical amount that will compensate you for the injuries that were caused by the other driver’s breach of his duty to you?

To be successful in a Georgia Accident Claim, you must meet all 4 elements of a negligence claim. If you only meet 3 of the elements or less, then you cannot expect a successful outcome. An Experienced Accident and Injury Attorney can go over your case with you and explain how the legal principles that will be required to bring your case to successful resolution will be applied to your specific case.

If you or a loved one are injured in a traffic accident due to another driver’s carelessness, please Call or Email a Gainesville Georgia Car Accident Lawyer at Breakfield & Associates, Attorneys for a free and confidential consultation.

About the authors: John Breakfield and David Purvis are attorneys with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle Personal Injury & Accident matters regarding those injured by people and companies who needlessly ignore safety rules.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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