One of the first things that people often ask after an accident is, “Who is at fault?” Understanding the legal concepts behind fault are important, especially when it comes to comparative and contributory negligence. How the law sees these two types of negligence can impact your case, and it is not always immediately clear who is at fault.
What is Negligence?
Negligence is the term used to describe conduct that creates an unnecessary risk to other people. If you are the negligent party and your actions caused harm to another person, then you will be responsible for paying for his or her injuries. To prove another person’s negligence you and your attorney will have to prove the following things:
Georgia is a comparative negligence state. That means that each party involved in the accident could be held partially responsible for the accident. Traditionally courts viewed contributory negligence as a total bar when it comes to recovery of damages. That meant that if the injured person contributed in any manner to the accident, they could not receive compensation for their injuries. However, there are now two types of comparative negligence:
This type of negligence is used to characterize any conduct that would create an unnecessary risk to one’s self. This concept is meant to show that an individual has a duty to act as any other reasonable person would. When the individual does not act in this manner and someone is injured, he or she may be held liable for the injuries, even if another person was involved in the accident.
After a personal injury claim is filed, it is common for the defendant to file a contributory negligence counterclaim. If the defendant is able to prove this, the plaintiff may be barred from recovering damages or the amount of the settlement could be reduced.
Contact an Experienced Personal Injury Attorney Today
If you have suffered injuries due to another person’s negligence, it is important that you have experienced legal representation. The attorneys at Jonathan R. Brockman, A Personal Injury Firm, will work to get you the compensation to which you are entitled. Contact us today to schedule a consultation.