Negligence is a common basis for personal injury claims. Someone is negligent when they fail to use a level of care that a reasonably prudent person would use under similar circumstances.
Numerous injury and accident claims require you to prove negligence to recover compensation for damages. Understanding the basics of negligence can help you anticipate what to expect as you work to establish liability in a Georgia personal injury case.
What Is the Reasonable Person Standard?
The “reasonable person” test is a hypothetical standard of conduct. A jury decides what a reasonable person with common sense and prudence would do in the same or a similar situation. Because the facts of each case differ, the standard used to determine negligence can vary.
The jury compares the defendant’s actions to the conduct of a “reasonable person.” If the defendant’s conduct fell short of that standard, the jury may find that they acted negligently. However, you must prove all four elements of a negligence claim to recover damages.
The Four Legal Elements of a Georgia Negligence Claim
If another party negligently causes you to sustain an injury, you may file a personal injury claim against them.
To hold the person liable for your injuries and damages, you must prove:
- The person owed you a legal duty of care
- The person’s actions or failure to act amounted to a breach of their duty of care
- The breach of duty directly and proximately caused your injury
- You incurred damages because of the person’s breach of duty
Linking all four elements together proves negligence and establishes liability. Otherwise, a jury may find that the defendant acted unreasonably, but they are not responsible for the damages you suffered.
Duty of Care
A duty of care is created from custom, morality, or law. It depends on the relationship between the two parties, such as a doctor-patient relationship, a property owner-invitee relationship, or a motorist’s duty to others sharing the road.
For example, motorists have a duty of care to follow Georgia traffic laws. A store owner has a duty to provide safe premises for shoppers.
Breach of Duty
A breach of duty is based on the reasonable person standard. For example, a reasonable person would not run a red light because that could endanger others.
Likewise, a restaurant owner should fix a leaky pipe because it could create slippery conditions that may result in a fall. As discussed above, the jury determines whether the defendant’s actions fell short of the established standard of care.
Causation
It is not sufficient to find that a defendant breached their duty of care. You must prove that the breach of duty was a proximate and direct cause of your injuries.
Direct cause is why something happened, as established by the “but for” test. “But for” the defendant running a red light, the accident would not have occurred, and the plaintiff would not have been injured.
Proximate cause is the foreseeable injuries and losses that certain conduct could cause. In our example, it is reasonably foreseeable that running a red light could cause an accident that would result in injuries.
Damages
Damages encompass the harm you suffered because of the person’s breach of duty.
In a personal injury case, you can receive economic damages that include:
- Lost wages
- Property damage
- Medical bills
- Out-of-pocket expenses
- Decreased earning capacity
- Rehabilitative therapy
- Long-term care
You may also receive compensation for non-economic damages, including:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish and emotional distress
- Disfigurement and scarring
- Diminished quality of life
- Impairments and disabilities
The value of your damages depends on the factors involved in your case. For instance, your damages may be higher if you sustain a spinal cord injury that results in paralysis than if you broke your leg and it healed without impairment.
Before accepting a settlement offer, it is wise to seek legal advice. Insurance companies often undervalue damages.
What Is the Deadline to File a Negligence Claim in Georgia?
The Georgia statute of limitations sets a two-year deadline for most negligence claims. If you do not file a personal injury lawsuit before the deadline, a judge may dismiss it without considering your claim.
However, exceptions to the law and factors in your case could change the deadline. It is best to talk with a lawyer as soon as possible to avoid losing your right to sue the person who caused your injuries.
If you have questions about a negligence claim, contact our office for a free consultation with an experienced Georgia personal injury lawyer. We help injured victims and their families seek fair compensation.