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General Negligence

General Negligence

General negligence cases follow a general rule: would a prudent person or company have allowed a situation to exist that resulted in an injury to you? If the answer is no, they are likely in the wrong and you are entitled to a settlement.

General negligence cases fall outside the scope of the typical automobile, trucking or premises liability accident. If you believe you have been a victim of medical malpractice, injured on a construction worksite, been harmed by a defective product, or been harmed by the negligence of someone else in any other way, you may have the basis for a successful general negligence claim.

Gardner Trial Attorneys has successfully represented many metro Atlanta clients who have suffered personal injury through no fault of the their own in general negligence cases. Our experienced attorneys will determine who is liable for your losses, collect the evidence needed to establish your claim, and litigate the case to assure that the parties responsible for your losses are held to account.

Our experience representing insurance companies sets us apart from other personal injury firms. Expert knowledge of insurance industry practices, differing types of coverages, and the law covering insurance companies allows Gardner Trial Lawyers to identify all possible avenues for insurance recovery.

Many law firms leave money on the table, either because they’re uncomfortable with the law at issue or because they don’t know some policies are available. We are creative in seeking to maximize financial compensation for clients.

These cases often involve powerful entities such as hospitals, construction companies, and multi-national corporations. They will often have extensive legal teams already in place and nearly unlimited means to collect and frame evidence in ways that will be harmful to your claim. They will be looking for anything they can find to limit their liability or to make a case that they are not at fault for your injuries. You need an experienced advocate to communicate and negotiate with them.

What happens after you are injured can have a huge impact on an eventual settlement. You need to collect as much information as possible in a timely manner. The sooner you contact a lawyer, the better your chances of eventual financial recovery.

Negligence is the legal principle that allows people who have been injured or suffered losses through no fault of their own to be compensated for their losses by the parties that are responsible.

To win a negligence lawsuit for an injured party, four things must be shown:

  • The defendant must have a legal duty of care to the plaintiff. This applies to most professional relationships such as that of a doctor to patients or a lawyer to clients but also applies more broadly. Business owners have a legal duty of care to their customers that they will be safe in their stores, not be victimized by criminal behavior, and will not be harmed by defective products.
  • Did the defendant breach that duty of care to the plaintiff through some action or failure to act? The legal standard is that of a reasonably prudent person. Should they have foreseen harm to you from the consequences of their actions or inactions? Did a physician misdiagnose a condition, for example, that a reasonably competent physician would have gotten right?
  • The defendant’s negligence must have actually caused the injury to you. A defendant may have been acting negligently, but if that didn’t directly lead to harm to the plaintiff, they are not liable for the injury. Are a plaintiff’s injuries in a slip-and-fall case, for example, actually due to the fall, or did they pre-exist the incident?
  • The plaintiff can show actual damages that they can be financially compensated for. The court must be able to compensate the plaintiff for their injury. Do you have medical or auto repair bills? Can you demonstrate that you were unable to work because of injury? Did you need the services of mental health professionals because of your injury?


There are several different types of compensation that people injured in general negligence cases in Georgia may be legally entitled to.

You could be compensated for economic losses such as current or future medical expenses, lost wages and diminished earning capacity in the future.

Under Georgia law, you may also receive compensation in some cases for non-economic losses such as pain and suffering and mental anguish.

Thirdly, If we can demonstrate that the defendant engaged in intentionally harmful or reckless behavior, Gardner Trial Attorneys may be able to win punitive damages, intended to deter the at-fault party from similar behavior in the future.

Gardner Trial Attorneys is a leading plaintiffs’ law firm in metro Atlanta that advocates for clients who have suffered personal injury due to the negligence of others. We litigate aggressively and represent injured people and their families with compassion.

It costs nothing to speak to an experienced Georgia general negligence lawyer. Give Gardner Trial Attorneys a call today and find out what your case is worth.

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