General Negligence refers to a situation in which one party’s actions constitute improper care or conduct that causes harm to another party. The definition indicates that one party’s recklessness resulted in personal injury to the other party, and the affected individual is entitled to compensation for their injuries, damages, and suffering.
No one legal technique determines whether or not a person’s action resulted in general neglect. The most effective way to determine whether negligence played a role in your personal injury case is to ask if a “rational person” would have acted similarly under the same circumstances. If a reasonable person would not have performed the action in question or behaved in a similar manner, one may assume that general negligence played a role in the injury.
Ali Awad, the “CEO lawyer,” understands the best approach to seeking the compensation you need during these challenging times in your life. Filing an injury claim is not something any of us want to go through, but when it happens, you want someone savvy and focused on the numbers on your side. Call the CEO lawyer at (833) 254-2923 for a no-obligation consultation of your case.
Establishing a General Negligence Case
Four elements of negligence must be proven to establish negligence and secure a settlement for injuries or damages related to the accident:
Duty: To prove that negligence was a factor in your personal injury case, it must be demonstrated that the injured party was owed a duty by the at-fault party. Duty arises when the law establishes that the defendant owed the plaintiff a certain standard of care or was required to act in a certain manner. For example, if a person injured themselves tripping over equipment on a public sidewalk, the judge would likely determine that the defendant in the case owed the person a certain degree of care. Your tools and equipment should not block a public walkway. However, if the same injury occurred on private property and it was determined that the injured person was trespassing, the element of duty will likely not be established.
Breach of Duty: In a negligence case, your personal injury attorney must also prove that the defendant breached their duty of care to the injured party. The at-fault party breaches duty by failing to exercise a reasonable amount of care or failing to take the proper security precautions.
Causation: The third element that must be proven in a negligence case is causation. In order to demonstrate causation, the plaintiff must prove that the negligent party’s actions caused their injuries.
Damages: There is no case without damages. If the three prior elements of negligence above are proven true, the injured party must prove that legally recognized harm has occurred.
Four Types of Negligence
When a duty of care is breached, negligence occurs. If an accident results from this negligence, the injured party may be able to sue for compensation. There are four types of negligence:
Contributory negligence refers to when an accident occurs, but the negligent party isn’t solely and completely at fault. For example, perhaps a driver acted negligently by using their phone while driving and, due to inattention, struck a person who made an illegal turn. Contributory negligence law does not apply in Georgia. Contributory negligence is only recognized in a handful of U.S. states.
Comparative negligenceoccurs when both parties are partially at fault for an injury and fault is allocated for the accident. So, a restaurant owner might be 70% at fault in a slip-and-fall accident in which a “Wet Floor” sign was present, and the injured party may share 30% of the blame for not exercising caution when instructed.
Vicarious negligence refers to negligence cases in which a person is indirectly responsible for the injury caused, such as in a dog bite case.
Common Negligence Cases
The law related to negligence generally requires people to conduct themselves in a way that conforms to reasonable standards of conduct. There are certain types of personal injury cases in which negligence plays a determinate role. They are:
Medical Malpractice: We put our faith in doctors and nurses to exercise extreme care and maintain vigilance for our wellbeing. However, mistakes are made, and sometimes a medical professional’s actions, or lack of actions, amounts to medical malpractice. Medical malpractice occurs when a healthcare worker provides a treatment that does not rise to the accepted level of care established by the medical community and causes injury to the patient. Medical negligence occurs when a negligent act causes injury or death to the patient. If you or a loved one can demonstrate negligence on the part of a medical professional that led to injury or death, you may be entitled to compensation for damages and suffering.
Premises Liability: Premises liability refers to the responsibility of business and property owners to maintain safe establishments and adequate security for visitors to their premises. Georgia law requires business owners to maintain certain standards and exercise a certain degree of care in order to keep their property safe. Accidents that fall under the umbrella of premises liability can vary from slip-and-fall accidents to negligent or inadequate safety standards or protocols.
In order to demonstrate negligence in a premises liability case, you must be able to establish the relationship between the parties and the cause of the injury. The injured party must fall under the category of “invitee” or “licensee.”
An “invitee” refers to a person who was specifically welcomed onto the premises, such as a customer, guest, employee, contractor, or other individuals who can prove they were asked to be on the property at the time of the incident.
A “licensee” refers to individuals that may not have been expressly invited to the premises but are not trespassing on the premises. In Georgia, a licensee is defined as “a person who is neither a customer, a servant, nor a trespasser, who does not stand in any contractual relation with the landowner, and who is permitted to go on the premises merely for their interests, convenience or gratification.”
Wrongful Death: Wrongful death claims can be filed when a person is killed due to the negligent action of another. Wrongful death is a broad category that includes motor vehicle accidents, medical malpractice, occupational hazards, premises accidents, and even criminal acts, such as murder. Wrongful death suits can be brought by the victim’s surviving spouse or children in order to seek justice and recover compensation for medical expenses, funeral and burial costs, as well as mental anguish. If there is no surviving spouse or child, the victim’s parents or estate may file for a wrongful death suit.
Elder Abuse: We leave our loved ones in the care of nursing homes and assisted living centers to protect them, but sometimes our trust can be misplaced, and our loved ones can suffer injury, abuse, or even death due to negligent actions of a caregiver. Nursing home abuse claims can be filed when the plaintiff can demonstrate that a duty of care was breached, or in other words, negligence occurred. Negligence claims are usually filed due to inadequate or undertrained staff, medication errors, third-party injuries, such as when a resident is injured by another resident, or breach of statutory rights. Some signs of elder abuse include:
Malnutrition or dehydration
Injuries that produce bruises, bleeding, or broken bone
Unexplained infections or disease
Silence around caretakers
What Type of Damages Can I Pursue in Negligence Cases?
Two types of damages can be pursued in a negligence case: economic damages and non-economic damages. If you are injured due to the negligence of another party, you may be entitled to a settlement offer that will compensate you for:
Current and future medical expenses related to the treatment of your injury
Lost wages and loss of earning capacity
Pain and suffering
The CEO Lawyer Can Answer Your Questions and Will Fight for your Settlement
Ali Awad, also known as the CEO Lawyer, has experience settling negligence cases in Atlanta, GA. The injury and accident attorneys at Ali Awad Law have over twenty years of combined experience fighting for maximum compensation for their clients. The CEO Lawyer has a success rate of over 99.5% and is here to answer your questions without any cost to you unless we win your case.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.