The four basic elements of any negligence claim are generally as follows:
Georgia uses a modified comparative fault system for negligence claims. Comparative fault, in the context means, that if the plaintiff’s fault in the accident is equal to or greater than, the defendant’s fault, then the plaintiff cannot recover damages.
Comparative negligence claims can become extremely complicated for juries when there may be multiple at-fault parties. It is important for any individual injured in an accident in the Atlanta area to have legal counsel for help pursuing any general negligence claims.
If you have suffered serious injuries or your loved one was killed as the result of another party’s negligence in Georgia, it is in your best interest to immediately seek legal representation. Marcus A. Roberts & Associates represents clients on a contingency fee basis, which means you do not pay us anything unless we get you a monetary award.
Atlanta personal injury attorney Marcus A. Roberts represents clients with severe injuries all over Fulton County, DeKalb County, Gwinnett County, Cobb County, and Clayton County. He can review your case and help you understand all of your legal options when you call 404-577-4444 to receive a free, no obligation consultation.
Georgia Code § 51-1-2 defines ordinary diligence as “that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances.” As applied to the preservation of property, the term means “that care which every prudent man takes of his own property of a similar nature.” The absence of such diligence is defined as ordinary negligence.
Under Georgia Code § 51-1-3, extraordinary diligence is defined as “that extreme care and caution which very prudent and thoughtful persons exercise under the same or similar circumstances.” As applied to the preservation of property, the term means “that extreme care and caution which very prudent and thoughtful persons use in securing and preserving their own property.” The absence of such extraordinary diligence is defined as slight negligence.
Georgia Code § 51-1-4 defines slight diligence as “that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances.” As applied to the preservation of property, the term means “that care which every man of common sense, however inattentive he may be, takes of his own property.” The absence of such care is defined as gross negligence.
Georgia Code § 51-1-6 establishes, “When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.”
Negligence due to the violation of a statute, law, or regulation meant to protect the public is considered negligence per se (per se being the Latin phrase meaning “by itself” or “in itself”), and a plaintiff is not required to prove that a reasonable person should have acted differently.
Two statutes in the Georgia Code that apply to comparative negligence include Georgia Code § 51-11-7 and Georgia Code § 51-12-33. Under Georgia Code § 51-11-7, a plaintiff is not entitled to recover if by ordinary care he or she could have avoided the consequences to him or herself caused by the defendant’s negligence.
Georgia Code § 51-12-33 establishes that when an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.
Negligence is a factor in many different kinds of personal injury claims. In a personal injury action, a defendant’s negligence only needs to be proven by a preponderance of the evidence (meaning the defendant’s negligence “more likely than not” caused the plaintiff’s injuries)—a much lower standard of proof than the beyond a reasonable doubt standard used in criminal cases.
Some of the most common types of accident cases that Marcus A. Roberts & Associates handles which involve general negligence include, but are not limited to:
Center for Justice & Democracy — The Center for Justice & Democracy identifies itself as “the only national consumer organization in the country exclusively dedicated to protecting our civil justice system.” Visit this website to learn more about its work and its history. You can also find information about civil justice issues and answers to frequently askesd questions.
Access to Justice | Public Citizen — Public Citizen is a nonprofit organization with the goal to “ensure that all citizens are represented in the halls of power.” On this section of its website, you can learn more about fair arbitration, Patient Safety and Medical Liability, and Whistleblowers Protections. The website also contains information about efforts Public Citizen has made to defend the civil justice system and preserve state consumer laws.
Did you sustain catastrophic injuries or was your loved one killed in Georgia because of the negligence of another party? You could be entitled to compensation for medical bills, lost wages, and other damages. Contact Marcus A. Roberts & Associates right away.
Marcus A. Roberts is an experienced personal injury lawyer in Atlanta who represents residents and visitors injured in communities throughout Fulton County, Cobb County, Gwinnett County, Clayton County, and DeKalb County. Call 404-577-4444 or submit an online contact form to have out attorney provide a complete evaluation of your case during a free initial consultation.