The Legal Concept of Negligence

Most personal injury claims are built on the concept of negligence, which is a failure to meet a legally required standard of care to another person. If you have been injured by another person or business entity, understanding the legal definition of negligence can help you determine whether you have grounds for legal action.

While negligence may seem like a simple concept on the surface, the legal implications of this term can be complex. For important information and advice related to your unique circumstances, call the Atlanta personal injury attorneys of Webb, Wade & Taylor, LLC at 877-831-2180.

The Components of an Atlanta Negligence Claim

In order to successfully win compensation in a personal injury claim, the plaintiff must have the preponderance of evidence on his or her side. This means that the facts in favor of the plaintiff must outweigh those in favor of the defendant. Using this standard of evidence, the plaintiff must show that:

• The defendant owed a duty of care to the plaintiff. There does not need to be a contractual agreement between the two parties for this duty to exist. For example, doctors have a duty to provide reasonable care to each patient. As a general rule, we all have a duty to not place others in harm’s way.
• The defendant failed to meet that duty. The plaintiff does not necessarily need to show that the defendant deliberately hurt him or her, only that the defendant did not observe reasonable safety standards.
• The plaintiff has suffered significant injuries. If the court decides that the plaintiff’s injuries did not cause real losses to him or her, the case may be dismissed.
• The plaintiff’s injuries were a direct and foreseeable result of the defendant’s actions. There may have been other variables in the accident, including the plaintiff’s own actions. However, if the defendant’s actions were a primary cause of the accident, the plaintiff may be able to win compensation from him or her.

An experienced Atlanta personal injury attorney can help you determine whether or not your case meets the standards of legal negligence.

Contact Us

Being informed about your legal rights is the first step in protecting them. To learn more, contact the Atlanta personal injury lawyers of Webb, Wade & Taylor, LLC at 877-831-2180.