Negligence, Personal Injury, and Wrongful Death

Negligence and Personal Injury

Each year in Savannah, Georgia and the surrounding areas of coastal Georgia, people suffer serious injuries or fatalities in accidents that result from the negligent or wrongful actions of others. If you or someone you know has been injured because of another person’s neglect, inattention or wrongful conduct, you may be able to recover damages that will compensate you for some part of what the accident has cost you, both economic and noneconomic losses. Modern court systems use monetary amounts to both penalize the negligent party and assuage the losses of the injured party.

Having an experienced negligence, personal injury, and wrongful death attorney by your side to advocate for you throughout the process definitely makes a difference in both your ability to recover compensation and the amount that you might receive. The entire process also helps to make sure that the instance of negligence in question never happens again.

Proving Negligence

As a plaintiff (the one complaining of an injustice) in a claim involving the negligent actions of another person or institution, you will need to be able to prove a few required elements. A majority of tort (an action deemed harmful) claims involve allegations of negligence, which occur when another person owes a duty to exercise reasonable care but fails to do so. You will need to show that the defendant owed a reasonable duty of care to you specifically, and that he or she breached that basic pro-social duty. For example, if the owner of a public place of business ignores a persistent leak in his or her roof, and a slip and fall occurs inside the premises, a claim may be called for.

You will also need to show that the defendant’s breach actually caused the accident and that you were harmed as a result. Your attorney may investigate your case thoroughly in order to prove the negligent party’s liability in your case, and the defendant has a chance to disagree in court.

Personal injury overview

Tort law encompasses more than negligent actions. It also includes causes of injury or other harm in which the defendants’ actions can be proved to be intentional. These may include physical or sexual assaults, thefts, trespasses, batteries and others. If you suffered any of these intentional wrongs, you likely feel traumatized. Georgia law recognizes that victims should be able to recover

negligence, personal injury, and wrongful deathcompensation when they have been victimized by others. Victims are allowed to file civil actions against the perpetrators simultaneously with any pending criminal actions. Since personal injury lawsuits fall under civil law, this means that they have lower “burdens of proof” (the obligation to prove something as true) than do criminal cases. Even if the perpetrator is found not guilty in his or her criminal trial, you may still be able to hold him or her accountable for what happened in a separate civil case. The outcome of criminal trials can involve prison time as well as a monetary fine, while civil penalties are limited to financial penalties.

Wrongful death overview

If your loved one has been killed because of the actions of another, you may be able to hold the person accountable through a wrongful death civil lawsuit. Your loved one’s estate must bring the action on your family’s behalf. If the estate recovers damages, the compensation that is received will be paid to the estate to be distributed according to your loved one’s will.

To prove the claim, the estate will have to prove that your loved one died because of another person’s negligent or intentional acts. The estate will also need to prove that your loved one’s surviving family members have suffered financial harm as a result and that the estate has an appointed personal representative.


The damages that may be available will depend on the specific circumstances of your claim. You may be able to recover lost wages, any losses for your potential future earnings capacity, medical expenses, reasonable burial and funeral expenses, future medical costs, pain and suffering, loss of consortium (any other benefit from the life of the person you have now lost)  and others. Your attorney may be able calculate the value of your claim based on other cases, and provide you with an expected range that you might receive in a settlement.

Contact a dedicated and experienced injury law firm

Injury and death tort cases commonly leave people facing overwhelming emotional and financial losses. The experienced attorneys for negligence, personal injury, and wrongful death at Smart and Associates strongly believe that people who have been injured or harmed because of the actions of others deserve to be compensated for their losses. We are a small firm that is dedicated to all of our clients. We take the time to learn about your case and work to explain the law, the strategy that we believe is best and what you might expect in an appropriate settlement or award.

We want to give you the information that you need so that you are able to make informed decisions about your case and any settlement offers that you receive. We are available to help you whenever you need, and we offer free initial consultations. We pride ourselves in the reputation that we have built and the long standing relationships that we have forged with many of our clients. We represent people throughout Savannah, Georgia and the rest of the Low Country of Georgia and South Carolina. To schedule your consultation, contact us today.

How Can We Help You?

As a small firm, we offer direct access to a skilled and experienced lawyer. We work to stay available and answer any questions you may have. In your free initial consultation, we will explain your rights and explore your options so that you can make informed decisions and have some control over the process and the outcome. Find out why our longstanding clients stay with us!

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