When you experience a catastrophic injury, your life can change in an instant. When accidents cause catastrophic injuries, and someone else’s actions are to blame, it is essential to understand your rights moving forward. That is why getting legal guidance early on proving negligence is so important. Below, our experienced catastrophic injury attorneys at the Law Offices of Joseph J. Steffen Jr. share what you need to know about proving negligence in Savannah catastrophic injury claims.
In our state, you usually have two years from the date of the accident (depending on the type) for a lawyer to file a personal injury lawsuit pursuant to O.C.G.A. § 9-3-33. Unfortunately, if you miss this deadline, you could lose your chance to recover compensation.
Proving negligence is the foundation of your catastrophic injury case in Savannah. To do this, you will need to show four crucial elements. Here’s a closer look at what our injury lawyers will prove:
Step one is always to establish whether a duty of care was owed to you. If there is no duty, there’s no negligence claim. A duty exists when one person owes a legal responsibility to another to act with care toward them. For example, drivers have to follow traffic laws, and residential or commercial property owners must keep their properties safe. When they disregard their duty, they are negligent.
Once you prove duty, you next need to show that a breach occurred. A breach happens when someone fails to meet the duty they owed you. For example, if a driver runs a red light, an employee ignores safety rules at work, or a landlord fails to repair unsafe property conditions, and you suffer an injury, they have breached their duty to you.
Proving a breach of duty is not enough. You also need to prove causation. Causation connects the negligent action to your injury. In Georgia, you need to show that the at-fault party’s conduct directly caused your harm. This concept is known as proximate cause.
The last element you need to prove is damages. Damages cover the real-life losses you have experienced because of an accident. These losses usually include pain and suffering in performing daily activities, ongoing rehabilitation, medical bills, lost time from work, and impacts on your daily life, such as loss of enjoyment of life. It is important to demonstrate the full extent of your damages.
When proving negligence in Savannah catastrophic injury claims, you need strong evidence. You must present evidence that shows duty, breach, causation, and damages.
Below, we have outlined the evidence you need to build a strong catastrophic injury claim. An injury attorney could gather this information to support your case:
The sooner your injury attorney collects this evidence, the better. Acting quickly helps protect the key details that can strengthen your claim.
Now you know more about proving negligence in Savannah catastrophic injury claims, and that the four elements are duty, breach, causation, and damages. However, knowing these details doesn’t necessarily ensure you can file a successful claim.
More than likely, you need the help of a skilled catastrophic injury attorney like ours at the Law Offices of Joseph J. Steffen Jr. We stand by your side from the beginning. Our team could gather evidence, explain your rights, evaluate your damages, and present a case that reflects the full impact of your injuries. Contact us here today so we can discuss your options.