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Negligence in Atlanta Personal Injury Cases


Although personal injury cases may be litigated under a variety of different legal theories, the vast majority are litigated under the legal theory of negligence. Negligence is the failure to exercise reasonable care in order to avoid a foreseeable risk of harm to another person. If a person’s negligent act results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligent person can be held liable for damages. To demonstrate to the judge or jury that a defendant acted negligently, each of the following four elements must be proven:

  1. Duty of Care: It must first be established that the defendant owed you a duty of care. A duty of care is an obligation to exercise reasonable caution in order to avoid a foreseeable risk of harm to another.
  2. Breach of Duty: Your attorney must prove that the defendant breached the duty of care owed to you by failing to act with due caution in preventing a foreseeable risk of injury to you. Therefore, Leigh R. Bodner, P.C. must demonstrate that the defendant committed a careless, reckless, or intentional act in breaching the duty of care owed to you.
  3. Causation: You must prove that the defendant’s breach of duty caused your injuries. Although this may seem like an easy undertaking, proving causation in personal injury cases is often extremely complex. An experienced Atlanta injury lawyer can investigate all potential causes of your injuries in order to properly establish causation in your personal injury case.
  4. Damages: Finally, your attorney must demonstrate to the jury that you sustained damages as a result of your injuries. Damages may be awarded for physical, emotional, and financial injuries you have suffered as a result of the defendant's negligence.

Remember that all of the above elements must be proven in order to recover damages in a negligence case. Therefore, if you can demonstrate the first three, but cannot convince a jury that you suffered damages because of the defendant's negligence, you will not be able to receive compensation for your injuries.

Comparative Negligence

There are several different types of negligence that exist among the fifty states. The amount of your recovery in a personal injury case will depend upon whether you were in any way at fault in the accident and the percentage of fault assigned to you in causing your own injuries. In Georgia, if you are 50% or more at fault for causing your own injuries, you will be barred from recovering damages for your injuries. This is called the “50% fault rule” under the theory of “modified comparative negligence.” The experienced Atlanta injury attorneys at Leigh R. Bodner, P.C. can investigate the cause of your injuries in order to minimize the percentage of fault contributed to you and maximize your recovery of compensation for your injuries. Call Leigh R. Bodner, P.C. at 404-262-3343 today for a free consultation regarding your injury case.

For more information on Atlanta personal injury, visit our resource center.


If you or someone you know has been injured in an accident, contact an experienced Atlanta car accident lawyer at (404) 262-3343 for a free consultation regarding your case. Mr. Bodner handles all types of auto accident cases in Alpharetta, Atlanta, Austelle, Chamblee, College Park, Conyers, Decatur, Doraville, Duluth, Dunwoody, East Point, Hapeville, Marietta, Milton, Norcross, Riverdale, Rockdale, Roswell, Sandy Springs, Stockbridge, and throughout Gwinett County, Dekalb County, Cobb County, Clayton County, and Fulton County. Our Atlanta car accident lawyers will not charge a fee unless you receive a favorable verdict or settlement in your case.