What Constitutes Negligence?
In most personal injury claims, negligence must be proven in order for damages, or monetary compensation for your losses, to be awarded. Negligence is the failure to act with the same level of care another reasonable person would have in like circumstances. Someone could be negligent for an act or for a lack of action. For example, a person may be found negligent for hitting another person with their car or for failing to secure their property to prevent injury to their visitors. Either way, the person would be found negligent for failure to exercise a prudent standard of care toward the injured party. They would be found to be the cause of the injury, and thus would be liable for it. Negligence need only be demonstrated in cases where the defendant had a duty to act with care toward the injured party. If the defendant had no duty to act with a standard of care given the circumstances, he or she may not be found negligent. In many cases, the duty to operate with a level of care is implicit. For example, all drivers owe a duty to use reasonable care when encountering other drivers to protect them from injury. The rules of the road dictate this as well. If someone failed to fulfill that duty, either by doing or failing to do something while on the road, and they cause an accident, he or she may be found liable for the losses the injured party sustained. More than one party may be found negligent in personal injury claims. In these cases, the degree to which each party was negligence will need to be established. Negligence is a very important concept in personal injury law as it must be proven in most cases and, when proven, it must be established to what degree the defendant was negligent and what right to compensation that provides to the injured party. Speak with an experience Georgia personal injury attorney if you have been injured as a result of someone else's negligent acts or omissions. Proving negligence can be complex so it is in your best interest to consult with an attorney before filing a personal injury claim. Have you been injured as a result of someone else's negligence? Thomas C. Rowsey, P.C. is experienced in personal injury matters and will work hard for your right to fair compensation. Based in historic Roswell, GA, Thomas C. Rowsey Attorneys at Law serves those across the greater Atlanta metropolitan area including Roswell, Alpharetta, Marietta, Milton, Johns Creek, Cumming and Sandy Springs. Contact our office today at (770) 993-5317 or fill out our online form to schedule a free consultation. Offering expert legal counsel in personal injury, criminal defense and family law, Thomas C. Rowsey Attorneys at Law are here to help.