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Negligence in Georgia

While there are many definitions that can get quite complicated, such as modified comparative negligence (contributory negligence), the basic version is that negligence in Georgia means being at fault for not being careful enough in a situation where you should have been, causing someone else to get hurt or property to be damaged.

For example, imagine if someone didn’t fix a broken step on their porch, and you tripped and fell because of it. They didn’t take care of the step like they should have, and you got injured because of their carelessness.

To show negligence, you need to prove that the person had a responsibility to be careful, didn’t fulfill that responsibility, their lack of care caused your injury, and you suffered because of it.

Types of Negligence in Personal Injury Cases

Without a doubt, most personal injury accidents are caused by someone’s negligence regarding their actions and the safety of others.

For example, a deck collapse could be the result of the property owner’s negligence in constructing, attaching or maintaining the deck.

Medical malpractice is often a result of the doctor or surgeon’s negligence. This can include mistakes in diagnosis, treatment (including prescriptions and surgery), aftercare, or health management.

Car accidents are often caused by distracted and reckless drivers. Anyone who is liable for causing an accident due to negligence should compensate the victims for any injuries and property damages that result.

Lawyers for negligence cases in Georgia at Kalka Law Group are experienced at fighting to get you fair compensation for an injury that came from carelessness, oversight, etc.

Contact us for a 100% free consultation.

For your convenience, our negligence law firm has offices in Atlanta, Marietta, and Lawrenceville.

Establishing Negligence in an Accident Injury Case

One of the hardest parts about filing a claim is establishing negligence in an accident. It must be proven that one or more parties are responsible for causing your accident; if this cannot be proven, you may not be able to recover the full amount of your damages from their insurance. Get in touch with The Kalka Law Group today for a free consultation on your case to learn how a member of our team could fight for you.

We have more than 30 years of experience and have extensive knowledge on how to go up against the insurance companies.

Get a free consultation. Contact us 24/7.

Contact a Lawyer for Negligence Claims in Atlanta, Georgia

As a former defense lawyer for major insurance companies in the Southeast, Negligence Attorney Tony Kalka knows how to present a strong case against them.

Contact us today and schedule a free case evaluation to learn more from one of our experienced attorneys.

Whether you have been injured by a negligent driver or have suffered catastrophic injury in a slip and fall accident, The Kalka Law Group is prepared to fight for you. We could study the details of your accident and build a strong case to establish negligence and win a full recovery for your injuries.

Basics of Negligence in Georgia

What is negligence? This is a question that often comes up in personal injury cases. In general, negligence is when someone fails to meet their duty of care. This can mean many different things, depending on the situation. Let’s discuss the basics of negligence and how it can play a role in your personal injury case.

Negligence is often defined as an act or omission of reasonable care in a situation where one party has a responsibility to another. This means that if one person’s action or inaction causes harm to another, they may be held liable for negligence. For instance, if a driver was driving recklessly and caused an accident that resulted in personal injuries, they could be found negligent.

Proving Negligence

To prove negligence in court, four elements must be present:

Duty of care,
Breach of duty,
Cause of action, and
Damages.

Duty of care refers to the obligation someone has toward others to take reasonable precautions against potential harm.

Breach of duty occurs when someone fails to meet the expected standard of care and causes injury or damage due to their negligence.

Cause of action is when an injured person can prove that a negligent party was responsible for causing them harm.

Damages refer to the losses that an injured person has incurred, such as medical bills or lost wages.

Negligence Can Be Intentional or Unintentional

Negligence can be either intentional or unintentional. Intentional acts are those done with the knowledge and intention of causing harm to another. Unintentional acts are those in which the wrongdoer did not intend to cause any harm, but still failed to meet their duty of care and resulted in injury or damage to another person.

Negligence in Personal Injury Cases

Negligence plays an important role in personal injury cases because it establishes liability for damages suffered by an injured party. If you believe that you have been harmed due to another person’s negligence, it is important to speak with a personal injury attorney from The Kalka Law Group – Personal Injury & Car Accident Attorneys who can help you understand your rights and legal options.

We offer free consultations, and we know how to assist you. Contact our office right away to discuss the details of your case by calling (404) 835-8072 or emailing us.

How Is Negligence Determined in an Inclement Weather Crash in Georgia?

After a collision in inclement weather, you may hesitate to file a claim against the other party because you’re unsure of how to hold them responsible. You may think that the rain was the sole cause of the crash and that you must go through your own insurance company.

Unfortunately, failing to file a claim can be a big mistake. You may lose out on beneficial compensation because of your oversights. Instead, you should recognize what negligence may still exist in a crash when terrible weather is present.

Was The Other Driver Speeding?

When it’s raining, speeding does not just mean going above the posted speed limits. You may see some drivers going too fast for the conditions. Speeding is especially problematic when other drivers are slowing down to stay safe in inclement weather.

If someone is speeding in the rain, they can easily lose control of their vehicle or find it challenging to brake suddenly. Speeding is one of the top causes of accidents, and it’s easy to understand how the rain and other terrible weather conditions heighten the dangers.

Was The Other Driver Tailgating?

You may feel as though you’re driving safely and slowly, but if there’s another driver following you closely, it can feel overwhelming. When someone is driving too close, they may find it difficult to stop when approaching traffic suddenly. Tailgating is one of the most common causes of rear-end accidents.

You must give drivers enough time to stop safely. Any time tailgating occurs, plenty of drivers are in harm’s way. When you factor in less-than-ideal weather, there’s even more cause for concern.

Help for Victims of Negligence

At The Kalka Law Group, we want to help you if you suffer an injury resulting from someone else’s negligence. Our Atlanta car accident lawyers work hard to help in challenging times to pursue the compensation you need to recover. Let us guide you to the outcome you deserve and obtain justice.