Negligence in Personal Injury Cases
Posted on Friday, January 10th, 2020 at 7:39 pm
Have you suffered an injury at work or in a car accident? Do you think you might need a personal injury lawyer, but you are not sure if one would accept your case? While an experienced lawyer in Georgia can help anyone who has suffered losses due to someone else’s negligence, there are some personal injury cases that are more difficult to win than others.
Who Was Responsible for Your Injury?
The most important factor in any personal injury case is being able to prove negligence. There may be more than one responsible party for your injury.
In the case of workplace injuries, even if your own mistake caused your injury, your employer will still likely be the responsible party. Did they provide adequate safety training to employees and outline the risks of the job? Did you have access to adequate safety equipment? If you did not have the tools or training to do your job safely, then the company may be responsible for your injuries.
If you rear-end the car in front of on your way home from work because your brakes failed, and you and the other driver suffer neck and back injuries, who is responsible? In that case, if your brakes were defective or improperly installed, it could be the negligence of the mechanic or manufacturer that caused your injuries.
Even if you think you could be the party responsible for your accident and resulting injuries, you should consider talking to a lawyer. Lawyers specializing in personal injury and workers’ compensation have a lot of experience analyzing fault in accidents. They will carefully consider all the potential factors and causes of your accident and may determine if the responsibility is yours or that of another party. If it is clear that your injuries were caused by your own actions, however, it might be difficult for you to find a lawyer who is willing to work on your case.
What is Collaborative Negligence?
The term “collaborative negligence” is used to describe the actions of an injured person that contributed to his or her own injury. For example, if the victim was hit by a bicycle while crossing the street, but did so without looking both ways for oncoming traffic first, then the victim’s lack of care will be taken into consideration in reaching a settlement or personal injury award. Any amount the victim receives will be discounted accordingly. If it is found that the injured party contributed to his or her own injury, some states will prevent that person from collecting any amount of money. Many states have put aside the concept of collaborative negligence and instead no use the concept of “comparative negligence.” Comparative negligence takes into account the degree of failure of each party to determine whether compensation is warranted and how much it should be.
What is Comparative Negligence?
Comparative negligence operates on a base percentage that assigns a degree of fault for the injuries suffered. For example, consider a case in which a person slips and falls on the wet floor of a supermarket and is granted $100,000. It is found that the supermarket is responsible for 80% of the accident due to dangerous conditions. The injured claimant is found to be 20% responsible for not exercising caution, so the victim’s ultimate compensation is reduced to $80,000.
Contact an Experienced Georgia Personal Injury Attorney Today
Sometimes it is hard to determine whether you have a good case or not. If you have been injured in an accident for which another party was at least partially at fault, contact the attorneys at Jonathan R. Brockman, a Personal Injury Law Firm today to schedule a consultation and let us advise you of your legal options.