While it might seem like common sense to think that accidents just happen sometimes and there is little anyone can do to stop them, the reality is that many would never have occurred at all if not for someone’s reckless or careless conduct. With that in mind, it is often possible to hold someone else accountable for the consequences of a physical injury stemming from an accident their irresponsibility caused. Pursuing civil litigation after an accident can be complex even under the most favorable circumstances, especially if you pursue it without guidance from experienced legal counsel. An experienced Gwinnett County personal injury lawyer could provide vital assistance in this situation; ensuring that common legal roadblocks do not preclude you from getting the financial recovery you need.
Holding Someone Liable for Accident-Related LossesIn most situations, successfully filing suit or demanding a settlement after a serious accident entails showing that the accident would likely never have happened but for a named party’s negligence. In this context, “negligence” is a combination of four factors, all of which must apply to a particular situation for a civil case to proceed:
- The named defendant had a duty—implicit or explicit—to act responsibly in a certain way around the injured plaintiff
- The defendant violated—or “breached”—their duty by instead acting carelessly, recklessly, and/or illegally
- The breach was the primary and direct cause of an accident which, in turn, was the primary and direct cause of an injury to the plaintiff requiring professional medical care
- The plaintiff’s injury or injuries directly caused all the financial, physical, and/or personal losses for which they are seeking compensation