How to Prove Negligence

Proving Negligence

Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages. In order to establish liability and secure a civil, monetary recovery under Georgia law, a plaintiff must establish all four of the above-mentioned elements.

Duty

A duty is a legal responsibility to do or not to do something. For example, Georgia drivers have a legal duty to follow the Rules of the Road. Sometimes, you may be injured by a person or entity that has immunity. If someone or some group has immunity, that means you cannot sue. For example, schools and teachers have immunity, and so does the State of Georgia, its cities, and counties. Navigating difficult and complicated immunity issues is very important so that you can make sure you can recover if you are hurt because of someone’s negligence.

Breach

A breach of a duty is simply that—a person violated his responsibility. For example, someone who drives while impaired is breaking the law, and in turn, breaching a legal duty.

Causation

The causation element asks 2 things: First, whether the damages specifically suffered by the victim were caused by the wrongdoers breach of a duty. One way to figure this out is to ask whether the injuries would have happened “but for” the breached duty. Second, whether it could have been predicted that the breached duty would cause the type of injuries the victim suffered. So, one part of causation is very specific and one part is more general. For example, causation would be met if an impaired driver hit a pedestrian, causing the pedestrian to break his leg—specifically, the impaired driver’s actions directly caused the pedestrian to break his leg; and generally, when a person drivers while impaired, it is probable they will injure a pedestrian or others on the road.

Damages

In order to recover, a person must usually have been injured or suffered damages. There are 3 types of damages available to a victim in Georgia:

• Special damages: compensation for money lost, including medical bills, lost wages, and funeral costs.
• General damages: compensation for non-economic losses, such as pain and suffering, emotional distress, disfigurement, or the loss of society and companionship of a loved one.
• Punitive damages: these are to punish and deter a wrongdoer and the community as a whole from engaging in willful misconduct that could harm others.