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- What
is a "negligence" claim?
- If one violates the law, are they negligent?
- Do I have any rights if I may be partly at
fault?
- Can an employer be held liable for the negligence
of an employee?
- What
types of damages may be recovered in a negligence case?
- What
if I am told by an attorney that I do not have a good case?
- What
about the costs involved in pursuing a case?
- How
long will a negligence case take?
- How long does
one have to file a negligence lawsuit?
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1.
What
is a "negligence" claim?
Answer:
"Negligence" is conduct that falls below
the standard of care required by law for the protection of others.
Sometimes this is expresses as failing to do what a reasonable and prudent
person would do under the same or similar circumstances. Generally,
in addition to showing that someone owed a duty of care which was not met,
one must also show that such negligence proximately caused the claimant's
injury and/or damages.
For example, a driver of a vehicle owes a duty to his/her passengers,
other motorists, and pedestrians to use reasonable care in the operation
of his/her motor vehicle. If the driver
"runs" the stop sign, he or she would be negligent, but if no
harm was done, he or she would not be liable for such
negligence. If, however, in "running" the
stop sign the driver causes a collision with another vehicle, the
negligent driver could be held responsible for the injuries and damages
sustained by those with whom he or she collided.
Negligence
can occur in many circumstances, too numerous to list. If you
believe someone acted negligently which resulted in harm to you, you
should consult an attorney to protect and preserve you rights. While
negligence claims can arise in just about any context, certain types of
negligence claims are discussed in more detail in this website:
Return
to FAQ menu.
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2.
If one violates the law, are they negligent?
Answer:
Generally speaking, the appropriate
standard of care in a given context is established by what a reasonably
prudent person would do under the same or similar circumstances. In certain situations, however, if one violates the
law he/she may be considered negligent “per se” if the enactment of
such law was intended to prevent the type of injury or harm which was
caused by the negligent conduct at issue.
For example, a law requiring motorists to stop at stop signs is
intended to prevent collisions at intersections. If a driver of a
vehicle “runs” a stop sign resulting in a collision which caused
injury or damage to another motorist, such violation may well be
considered negligence “per se.” Return
to FAQ menu.
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3.
Do I have any rights if I may be partly at
fault?
Answer:
Although laws vary from state to state, you may have a
negligence claim even if you are partly at fault. For example, in some states, you may recover damages on a
negligence claim as long as you are not found to be more than 50% at
fault. Return to FAQ
menu.
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4.
Can an employer be held liable for the negligence of an employee?
Answer:
An employer can be held liable or responsible for the
negligence of an employee if the employee was acting within the course and
scope of his/her employment at the time the negligence occurred.
Whether an employee is acting within the course and scope of
his/her employment depends upon a number of factors and often requires a
complex factual and legal analysis. Return
to FAQ menu.
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5.
What types of damages may be recovered in a negligence case?
Answer:
This depends upon the
type of harm which was caused by the negligence. Property damages
may be recovered if the negligence caused harm to real or personal
property. If the negligence caused injury, one may be
able to seek damages for past and future medical expenses, lost wages
and/or loss of earning capacity, mental
anguish, pain and suffering, physical disfigurement, and physical and/or
mental impairment among others. Return
to FAQ menu.
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6.
What
if I am told by an attorney that I do not have a good case?
Answer:
Determining whether
or not one has a "good case" is not always an exact science.
Because a determination as to whether or not one has a "good
case" depends upon the professional judgment (based upon many factors
and considerations) of experts and attorneys, it is recommended that one
seek a "second opinion" from one or more qualified attorneys if
told that one's case is without merit. Return
to FAQ menu.
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7.
What
about the costs involved in pursuing a case?
Answer:
Some
attorneys (including the sponsor of this website) will agree to handle
negligence cases on a contingency fee arrangement. This means that
the attorney will not charge an hourly rate for his or her services, but
instead will be paid a percentage of the recovery in the event of a
settlement or judgment. In many instances, such attorneys will also
pay the case development expenses (such as expert fees, deposition costs,
etc.) with the understanding that he or she will recoup such costs only in
the event of a recovery. Thus in many cases, one may be able
to secure legal representation without having to pay any attorney's fees
or expenses out of one's own pockets. Return
to FAQ menu.
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8.
How
long will a negligence case take?
There is simply no easy answer to this question. The vast majority
of all cases, including negligence cases, are settled prior to trial.
Some cases are settled prior to the filing of a lawsuit, while others are
settled during litigation or even on the "steps of the
courthouse" just before trial. A negligence case, if litigated
to trial, could last a number of years. One who pursues a negligence
case should understand from the outset that a quick resolution cannot be
guaranteed. Return
to FAQ menu.
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9.
How long does one have to file a negligence lawsuit?
Answer:
"Statutes of limitation" govern the
length of time one has to file a lawsuit or be forever barred from
pursuing such claim. Under Georgia law, different statute of
limitations periods apply as to personal injury cases under various
circumstances. In some cases, the statute of limitations may be as
short as one year, while under different circumstances, it may be eight
years or more. Many factors bear upon when the applicable statute of
limitations period expires including the age of the plaintiff, the
type of personal injury claim, the particular facts giving rise to the
injury, and others. One must make absolute certain that they are
aware of when their statute of limitations period expires, or risk
jeopardizing their legal rights. An experienced personal injury
lawyer can be of assistance in this regard.
A potential claimant seeking the advice of an attorney should do so
without delay. In certain cases, there may also be other
deadlines that may also impact the case. For example, claims against
government entities may require that the entity or entities be put on
"notice" much earlier than the the statute of limitations
period. Furthermore, given that expert and legal analysis must be
done prior to filing a lawsuit, you should not wait until the statute of
limitations period is nearing its end because the attorney may not have
enough time to complete his or her review prior to its expiration.
There are other benefits to securing obtaining counsel early on as well.
Memories of the event or events in question tend to fade in witnesses,
potential witnesses may later be unavailable because they have moved,
become incapacitated, etc.
Return
to FAQ menu.
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