Were you injured due to the actions or inactions of someone else? Then you may have a case for a negligence lawsuit. Before you jump in, though, you’ll first need to know a little about how negligence law works in Georgia civil courts. Here are some answers to your most important questions.

How Do You Prove Negligence?

Was the other party actually negligent? While you may feel so, negligence isn’t automatically assumed in every accident. There are, instead, four components to a successful negligence case in court. What are they?

The first thing your case must demonstrate is that the party you’re suing owed you a duty of care. Duty of care is the responsibility a person has toward another person’s safety. In a car accident, each driver has the duty to act in ways that avoid harm to others. A doctor’s duty of care is to provide medical care at the level appropriate for their role.

Next, the person must have breached that duty of care. Perhaps the driver was texting while driving or had been drinking beforehand. This breach of their duty toward you is vital for them to have been negligent. If they did not breach their duty—if they were following all the rules, for instance, but their tire unexpectedly blew off—an accident is just an accident and no one is liable.

What harm, injury, or property damage did you suffer? And how was it directly caused by the other party’s breach? These final two elements are often easy to demonstrate to a jury, but they are sometimes more complex. Drawing a direct link between that breach and your injury is essential.

What Is Comparative Negligence?

Each state in the United States determines what legal doctrine it will follow regarding negligence. There are essentially two approaches: contributory negligence and comparative negligence. Contributory negligence is only used by a handful of states. It stipulates that if the plaintiff (victim) contributed to their own accident in even the smallest way, they may not recover damages.

Georgia, like most states, follows comparative negligence instead. This doctrine uses percentages to determine how much fault each party has in causing the underlying event.

As an example, consider that you fell down some rickety stairs while running to a big sale at the mall. The mall owner owes you a safe environment in which to shop. But you contributed to your own accident by running. The jury may assign you 25% of the liability and the mall owner 75%.

Once the amount of liability both the plaintiff and defendant carry is decided, any financial compensation awarded in a case is reduced by the corresponding amount. The mall owner would owe you 75% of the financial damages awarded by the jury.

Georgia, though, adds an additional limitation to comparative negligence. This is known as the 50% rule of modified comparative negligence. In this state, you can only recover damages if you are found to be less than 50% liable for the accident. If you ignored a sign warning you not to use the rickety stairs, the jury may find you 50% liable for your own injuries. In Georgia, you would then receive no compensation.

Where Can You Learn More?

Unfortunately, a negligence case can be complicated. Start protecting yourself by learning more about comparative negligence, the 50% rule, and how negligence is proven in court. Meet with North Metro Litigators today to find answers to your questions. We’ll guide you through the process and help you build the most successful case possible. Call today to make an appointment or get answers to your questions.