Understanding Liability in Georgia Personal Injury Cases

In Georgia, when someone is injured through no fault of their own, both state and federal laws ensure they have a right to seek redress from those at fault. However, understanding liability isn’t always straightforward.


Overcoming the Three Major Legal Hurdles

To secure compensation for medical expenses, lost earnings, and pain and suffering, injured parties must overcome three key legal challenges:


         1. Duty: First, it’s crucial to pinpoint the specific duty the alleged wrongdoer owed to you. This could be a universal duty like the ordinary reasonable care expected of all drivers, or something more specific set by state laws or city ordinances. For instance, all drivers on Georgia roads have a duty obey the traffic laws, more formally known as the Uniform Rules of the Road. Some examples of these duties, codified in the Official Code of Georgia Annotated, are Failure to Yield While Turning Left, Violation of an Official Traffic Control Device and Following Too Closely.


        2. Breach: Next, you must prove that this duty was breached. A common example is a rear-end collision where the driver behind fails to maintain a safe following distance (i.e. Following Too Closely). For example, a driver runs a red light (Violation of an Official Traffic Control Device), violating traffic laws and failing to uphold their duty to drive safely.


        3. Causation: It must be shown that the breach of duty actually and proximately caused caused the injury. This is often the most complex step. For example, actual causation may be shown by an at fault driver running the red light directly causes a collision with another vehicle. Additionally, proximate causation may be shown by the fact that the collision was a foreseeable result of running the red light.


       4. Damages: Once duty, breach, and causation are established, the next step is proving damages. This involves demonstrating the actual harm or losses suffered due to the breach. Damages can include medical expenses, lost wages, pain and suffering, and other related costs. For instance, in the case of the an otherwise healthy child injured in a car wreck by an at fault driver, showed that the child suffered a broken leg and provided detailed documentation of medical bills, lost wages for the parents who had to take off work to care for the child and pain and suffering experienced by the child and their family to substantiate the claim for damages.


Closing Thoughts: Understanding the Legal Process


Deciphering these elements can be daunting. That’s why we commit significant time to discussing these aspects with our clients, ensuring they understand the strengths and weaknesses of their case fully.


If you have further questions or need guidance on a personal injury matter, don’t hesitate to reach out.




We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Nelson Law Group, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Nelson Law Group today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.


DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Nelson Law Group or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.