Establishing fault in a personal injury case is one of the most important steps an Atlanta attorney helps with. Liability refers to the legal responsibility of the person or party whose carelessness, recklessness, or intentional misdeeds caused your injury. Preparing a strong case for liability involves demonstrating that the responsible party acted negligently and that their actions directly caused your damages.
Proving liability in a personal injury claim usually includes these four elements or factors:
Showing that the responsible party had a duty to act in a reasonable manner to prevent harm. In Georgia liability law, the average person owes the people around them, even total strangers, a reasonable duty of care in most situations. For example, motorists owe it to other drivers not to drive while intoxicated.
Proving that the responsible party failed to meet that duty, such as by driving distracted or maintaining unsafe premises.
Demonstrating that the breach of duty was the direct cause of your injury.
Providing evidence of the financial, physical, or emotional losses you’ve suffered as a result of the accident.
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The Law Offices of Joshua W. Branch Injury and Accident Lawyers
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