General Negligence Attorney Atlanta

What is General Negligence?

General negligence is a legal term that refers to a failure to exercise the level of care that a reasonable person would exercise in similar circumstances. It’s a type of civil wrong that occurs when one party breaches a duty of care to another party, resulting in injury or harm. In simpler terms, it’s when someone does something or fails to do something that a reasonable person would or wouldn’t do, and it causes harm to someone else.

How is it different from a class action lawsuit?

A class action lawsuit, on the other hand, is a type of legal action in which a large group of people collectively sue as a single representative plaintiff. In a class action, the individuals are not filing individual lawsuits but are part of a single lawsuit representing the whole group. If there is a settlement or a judgment, the settlement or judgment is divided among the class members.
The main difference between general negligence and a class action is that the individuals bring their claims in general negligence. In contrast, in a class action, a group of individuals collectively sue as a single representative plaintiff. In a class action, the individuals give up their right to sue individually, whereas, in general negligence, they retain that right.
It’s important to note that both general negligence and class action lawsuits require proof of duty of care, breach of duty of care and that the harm suffered was caused by the breach of duty of care.

What types of cases are typically considered general negligence?

There are a variety of types of cases that are typically considered general negligence. Some examples include:

  • Auto Accidents: In an auto accident, a driver may be found negligent if they fail to obey traffic laws, drive while under the influence, or drive recklessly, resulting in an accident that causes injury or property damage to another person.
  • Medical Malpractice: Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, and this results in injury or harm to a patient. Examples of medical malpractice include surgical errors, misdiagnosis, and failure to diagnose.
  • Premises Liability: Premises liability cases involve injuries on someone else’s property, such as slips and falls, dog bites, and swimming pool accidents. The property owner may be found negligent if they knew or should have known about a dangerous condition on the property but failed to take appropriate action to fix it.
  • Product Liability: Product liability cases involve injuries caused by a defective product, such as a car or a consumer product. The product’s manufacturer, distributor, or seller may be found negligent if they need to properly design, test, or warn about its potential risks.
  • Professional Negligence: Professional negligence cases involve when a professional, such as an accountant, lawyer, or architect, fails to provide the appropriate standard of care in their professional capacity, resulting in injury or harm to a client.
It’s important to note that these are just examples. General negligence cases can involve many situations where one party has a duty of care and fails to fulfill that duty, causing harm to another party.

How can a general negligence attorney help me with my case?

A general negligence attorney can help you with your case in several ways:

  • Investigation and evidence gathering: A general negligence attorney can help you investigate the facts of your case and gather evidence to support your claims, such as medical records, expert witness testimony, and other documentation.
  • Legal advice and representation: A general negligence attorney can provide legal advice and represent you in any legal proceedings related to your case, such as negotiating settlements or representing you in court.
  • Help navigate complex legal procedures: Negligence cases can be complex, and a general negligence attorney can help you navigate the legal procedures and deadlines associated with your case.
  • Help with settlement negotiations: A general negligence attorney can help you negotiate a fair settlement with the defendants in your case.
  • Representing you in a trial: If your case goes to trial, a general negligence attorney can present your case in court, call and cross-examine witnesses, and argue on your behalf to the jury or judge.
  • Help with appeals: If the defendants in your case appeal the judgment, a general negligence attorney can help you through the appeals process.
  • Help with an insurance claim: A general negligence attorney can help you navigate the insurance claims process, negotiate with insurance companies, and ensure that you get fair compensation.
It’s important to note that not all negligence cases go to trial, most of them settle out of court.