At Ashby Thelen Lowry, our Georgia personal injury attorneys have decades of experience in handling the most complicated, most catastrophic, and most meaningful cases on behalf of the most deserving clients.
It is our goal to pursue the best outcome for each client’s personal injury needs, so they can take back control of their lives and move forward with confidence.
Injury victims and those who have lost a loved one to wrongful death are invited to call our offices to review the facts of their cases during a free consultation. This allows us to understand the pertinent details associated with the circumstances that led them to us, so we can accurately assess that information and determine whether they have a viable case.
To successfully pursue the negligent party who caused their injuries or the loss of their loved one, we must prove four important factors.
Factor One: The Negligent Party Owed You a Duty of Care.
To prove that someone was negligent first requires proving they owed you — the injured, or the family of someone who lost their life — a duty of care. Duty of care is a term for the legal responsibility of maintaining the health and well-being of others.
When it comes to a personal injury claim, the duty of care only applies in the areas for which you rely on that other party.
That may include relying on another motorist to operate their vehicle safely while you are on the road, or a neighbor to place a fence around their swimming pool, or another attractive nuisance, to keep children from entering the premises.
Factor Two: The Negligent Party Breached the Duty of Care.
A breach of duty of care happens when a person or organization fails to meet a specific standard of care needed for that situation, causing someone else to be harmed.
Using the previous example, that may include a drunk driver getting behind the wheel of his or her vehicle, or failing to close a gate that leads to a swimming pool or other attractive nuisance, so it can be accessed by others.
Essentially, a breach of care can be confirmed if the negligent party could have foreseen the risk of harm and prevented it from occurring.
Factor Three: The Negligent Party’s Breach of Care Caused Your Injuries or the Loss of Life
If the drunk driver crashes into you, causing you to become injured in the collision, or if your child accesses the neighbor’s pool because of the open gate, and drowns as a result, both are directly caused by the negligent party’s breach of care.
Factor Four: The Injury or Loss of Life Caused Actual Damages
Outside of the physical injuries and emotional grief our clients sustain during preventable circumstances caused by negligence, we must prove the incident caused actual harm, which is typically in the form of financial damages.
These damages are directly tied to the incident, and may include medical expenses, lost wages, loss of future earning capacity, pain and suffering, trauma and the lost quality of life.
At Ashby Thelen Lowry, our personal injury and wrongful death attorneys have earned our clients’ trust with hard work and expertise and have an exceptional reputation with other law firms and in our communities. We can provide the same service for you and your family.
We understand that suffering catastrophic injuries or the loss of a loved one because of another person’s negligence is nothing short of life changing. We want to help you turn the page, and move forward with confidence, starting today.