Under established Georgia case law, a personal injury action alleging negligence requires proof of the following elements: 1) a legal duty, 2) a breach of that duty, 3) an injury, and 4) a causal connection between the breach and the injury. Proof or evidence of these essential elements may be…
A person who is injured in a car accident typically has the right to bring a personal injury action against the negligent party. However, it is important to be aware of local laws that may apply to your case. For example, Section 36-92-3 of the Georgia Code provides government employees…
Every personal injury case must be filed within a particular time frame identified by law. Failing to do so could result in the plaintiff losing an opportunity to recover damages for injuries sustained as a result of another’s negligence. Victims of vehicle accidents, including drivers and passengers in cars, trucks, motorcycles,…
Under Georgia law, an owner or occupier of land owes a duty to “invitees” to exercise ordinary care in keeping the premises and approaches safe. An invitee is someone who is on the property, by express or implied invitation, for a lawful purpose. Courts have reviewed what it means to exercise…
Under Georgia law, a violation of the Uniform Rules of the Road (the “Uniform Rules”) is deemed sufficient to establish “negligence per se.” This means that a defendant who violates the statute and causes an injury to someone else is automatically deemed to be negligent. At this point in a…
In a negligence action, where the plaintiff is seeking compensation for injuries sustained in a car accident, the notion of who was at “fault” can dramatically affect the ability to recover damages. The highest court in the state recently agreed to hear an appeal in a case concerning Georgia’s “apportionment statute”…
If you are in a car accident with an uninsured or underinsured motorist (“UM”), you may still be able to recover damages for injuries sustained as a result of that driver’s negligence. For instance, if the at-fault driver’s insurer’s policy limits do not provide full compensation for the injuries suffered,…
Under Georgia law, it is well established that a plaintiff is not entitled to recover damages for injuries sustained simply because an accident occurred. Put another way, the injured party must plead and present evidence showing that the accident was caused by another’s negligence. While this may seem logical, there…
According to an article in the Atlanta Journal Constitution, Takata Corp. recently declared 34 million air bags defective in what has been described as the nation’s largest auto recall to date. The seriousness of a defective product as it relates to the automobile industry cannot be overstated. Many car accident…
In any personal injury lawsuit arising from a car accident, the parties will each be expected to plead and present evidence that supports their relative legal positions. Depending on the facts and the procedural phase of the case, the burden of proof often shifts from one party to another as…