Not all accidents have the ability to be personal injury claims. If the accident and related injuries have been caused by someone else’s negligence, you may have a personal injury case. Keep reading to learn how to determine if you have a personal injury case.
There are three aspects that need to be proven to have a viable personal injury claim:
Prove that the other party caused the accident with their negligence.
Prove that their negligence directly caused your injuries.
Prove that you have damages caused by your injuries.
Negligence is based on a duty of reasonable care. In regard to auto accidents, every driver owes other drivers on the road a duty of reasonable care. This means that drivers should operate the vehicle properly and safely. If the driver that caused the accident was speeding, texting while driving, or ran a red light, they did not follow through on their duty of care to other drivers.
To build a personal injury case, you have to prove that the other party did not hold up their duty of care. In auto accidents, you have to prove they were not operating their vehicle in a proper way to prevent an accident. One of the best ways to find proof of the breach of duty of reasonable care is through the police report, camera surveillance, and eye witness reports.
Now you must establish the connection between the accident and the injuries you sustained. The best way to do this is by putting any pre-existing conditions aside and only focus on linking injuries you experienced. The key is to prove that had this accident not happened, you would not have sustained these injuries. The best evidence to use is your medical records, especially if you sought medical attention immediately after the accident.
Once you have proven that duty of care was established, the duty of care was breached, and your injuries were caused by the accident, you can tie the damages you have experienced are directly linked to the accident. In the state of Georgia, there are two different types of damages you can claim, economic and non-economic damages.
Economic damages are monetary damages including medical expenses, lost income, loss of earning capability, lost benefits, and property damage. All of these monetary damage can be based on estimates and assessments. These damages will be unique to your case based on the injuries you sustained.
Non-economic damages include pain & suffering, emotional distress, stress, and inconvenience. These damages cannot be based on financial statements and must be calculated on a case by case basis.
If the negligent party showed complete disregard for the duty of care they were responsible for, you may be able to seek punitive and exemplary damages. These damages are meant to act as additional punishment for the liable party.
If you believe you have suffered a personal injury where another party could be held liable, you should contact a personal injury attorney. Our attorneys at Hasty Pope are here to represent you in the process of receiving damages so you can focus on recovering. To discuss a potential case, schedule a consultation with us today.