Personal Injury FAQ

The following does not constitute legal advice.

Fundamentals of Personal Injury Law

What is Personal Injury Law?

Personal Injury Law is a legal area that deals with cases where individuals are injured due to the negligence of others. It helps injured individuals seek compensation for their losses, such as:

• Medical expenses
• Lost wages This is achieved through legal processes like filing lawsuits or negotiating settlements.

What is Burden of Proof?

Burden of Proof refers to the responsibility of proving a claim or assertion. In legal terms, it means that the person making a claim must provide enough evidence to support it.

What are Torts?

A tort in personal injury law is a legal term that refers to a wrongful act or injury that leads to civil liability. In simpler terms, it means someone has been harmed or wronged by another person's actions, and they can seek compensation for the damages caused. The plaintiff must show that the defendant's actions led to their injuries.

Types of Negligence

What is Ordinary Negligence?

Ordinary negligence is when someone doesn't take enough care compared to what a careful person would do in similar situations.

Key Point: To get compensation for harm caused by someone's negligence, the injured person must prove that the negligence led to their injury.

What is Slight Negligence?

Slight negligence refers to not being extremely careful or cautious, similar to how very careful and thoughtful people would protect their own property.

What is Gross Negligence?

Gross negligence happens when someone fails to show even a little bit of care that most people would show in a similar situation. It's like not taking care of your things at all, which is considered a serious lack of responsibility.

What is Negligence Per Se?

Negligence per se occurs when the defendant breaks specific laws or rules. This automatically establishes negligence in the eyes of the law.

Case Examples:

• Central R.R. & Banking Co. v. Smith
• Wilson v. Georgia Power & Light Co.
• Ford Motor Co. v. Carter

Defenses and Plaintiff Responsibilities

What is Care for Own Safety, Duty to Exercise?

Individuals must take reasonable care to keep themselves safe. If someone is injured because they didn't take proper care of their safety, they may not be able to seek compensation from another party.

Case Example: Southland Butane Gas Co. v. Blackwell, 211 Ga. 665 (1955)

What is Avoidance of Consequences?

If the plaintiff could have avoided the consequences caused by the defendant's negligence by being careful, they may not be able to claim compensation. However: In some situations, the defendant may still be held responsible even if the plaintiff also played a part in the injury.

Important: One must only start being careful to avoid the consequences of the defendant's negligence once the negligence is known or should have been known through ordinary care.

Case Example: Southland Butane Gas Co. v. Blackwell, 211 Ga. 665 (1955)

What is Assumption of Risk?

Assumption of risk occurs when a person knowingly and voluntarily takes a risk of physical injury, even when the danger is obvious. In such cases, the person cannot hold another liable for resulting injuries, even if the other person was negligent.

Case Examples:

• Southland Butane Ga. Co. v. Blackwell
• Doctors Hospital of Augusta Inc. v. Poole
• Johnson v. Jackson

Causation

What is Proximate Cause?

Proximate cause is the reason behind an event happening in a way that makes sense—without it, the event wouldn't have happened. Key elements:

• The action (or lack of action) being complained about should be something a careful person could have guessed might lead to the event
• There can be more than one proximate cause for an event
• If someone outside the case is the only reason for something happening, then nothing the involved parties did could have been the cause

Definition: Proximate cause is a reason that, in the normal way things happen, led to the injury of the person suing. It doesn't have to be:

• The only reason
• The last reason
• The closest reason

It's enough if it works together with another reason to cause the injury.

Case Example: Illinois v. Wilson, 935 NE2d 587 (2010)

Agency and Employer Liability

What is Negligence in Agency?

When it comes to negligence and agency, principals are responsible for their agents' actions in business dealings. This means they are accountable for both the good and bad actions of their agents.

Case Examples:

• Broome v. Primrose Tapestry Mills Inc.
• Henderson v. Nolting, etc., Corp.

What is Negligence Amplified; Independent Contractor?

When an employee operates their own business independently and is not directly controlled by the employer, the employer is usually not held responsible for any wrongdoings by the employee. Exceptions to this rule:

• When the work is inherently wrongful
• When the work is dangerous
• If the employer retains control over the work process

Important: It is important to consider specific circumstances and legal precedents to determine liability.

Case Examples:

• Bibb Mfg. Co. v. Souther
• Redd v. Brisbon