The most important question asked in any kind of personal injury case is almost always “who’s fault is it?” Establishing fault, otherwise known as liability, is the key to determining who is responsible for compensating for any damages caused by the incident. Our Georgia personal injury team explains exactly how liability is proven below.
How Liability is Proven
The majority of personal injury cases are due to one party acting negligently, directly causing the harm of another individual.
Negligence can be defined as actions that fall below the standard of care expected of a reasonable person that causes harm to another person. There are four main facets of negligence that must be proven in order for a party to be held liable for an injury:
- Duty: There needs to be a legal duty owed by the defendant to the plaintiff. An example of this would be a “duty of care” to other drivers on the road.
- Breach of duty: The plaintiff must prove the defendant violated the legal duty mentioned above.
- Causation: The defendant’s negligence must be the direct cause of the plaintiff’s injury, though the cause tends to be fairly obvious in most personal injury cases.
- Damages: The plaintiff must take on actual damages as a result of the incident. These are usually monetary damages that include: medical bills, lost income, pain and suffering, and damage to property.
Liability can also be proven by establishing intentional conduct, or conduct committed voluntarily with the purpose of causing harm to another person. This is normally observed in assault, battery, and other similar cases.
Negligence Per Se
This applies when there is an unexcused violation of a statute. If this is proven, the defendant is automatically liable for any damages if the plaintiff’s injury was to be prevented by the violated statute.
Contact Our Georgia Personal Injury Team Today
If you have been injured due to someone else’s action, you deserve to be rightfully compensated, and the experienced team at Holston & Huntley, LLC can help you find success.
If you or a loved one has been injured, and have questions about your case, don’t hesitate to contact us today through our website or give us a call at (404) 620-3337 to schedule a consultation.