Understanding the ‘Duty of Care’ in a Personal Injury Claim

Duty of care often refers to the responsibility everyone has to avoid causing others harm. For personal injury claims, breaching your duty of care is also referred to as “negligence.”

Suppose you suffer injuries because of someone’s reckless behavior and disregard for your safety. In that case, you may have the right to hold them accountable for their actions.The highly respected Trial Team at Stewart, Melvin & Frost understand the challenges you may face in a personal injury claim and will look to hold folks accountable and protect your rights. This often requires immense resources and vast experience and success in this field.

“We’re part of a larger firm. We have the resources of a larger firm, so while we can provide this individual attention to our clients, we also have the backing of one of the largest and most well-respected firms in North Georgia. It gives us the opportunity to provide a level of legal care, of legal services, to the clients that is difficult to match.”

Examples of Those Who Have a Duty of Care in Personal Injury Claims

While everyone has a duty of care to those around them, certain groups of people often are the focal point of personal injury claims due to a breach in duty of care, including:

  • Tractor trailer drivers
  • Motor carriers
  • Transportation companies
  • Private and commercial landowners
  • Business owners
  • Car drivers
  • Rideshare services
  • Boaters

What Constitutes a Breach of Duty of Care?

When a person or organization fails to meet the duty of care for another individual and causes them harm, they breach the expected duty in that situation.

In order to file an injury claim, you must prove the following:

  • Existence of a duty
  • Breach of that duty
  • Person suffers damages
  • Damages caused by the breach of the duty

When you suffer severe harm in a personal injury case, you want responsive, experienced legal representation. The Trial Team at Stewart, Melvin & Frost prides themselves on being responsive and attentive to clients.

“One of the most common criticisms of lawyers is — I can’t get a hold of my lawyer,” says Andrew Gould, Partner and member of the Trial Team of Stewart, Melvin & Frost. “One of our Trial Team’s core values is responsiveness and working closely with our clients throughout their claim. We have a 24 hour rule: if a client calls, texts or emails us, we respond within 24 hours. Even if we are in trial, we respond once we have a break.”

You deserve legal representation that is going to put you and your needs first. Due to our select number of clients, we form lasting relationships with each of our clients.

Speak With A Professional Trial Lawyer Today

Our Stewart, Melvin & Frost lawyers have over 30 years of experience advocating for the rights of clients in Gainesville, Hall County and across Northeast Georgia. When someone causes you serious harm due to their negligence and disregard for your safety, accountability is paramount. The Trial Team at Stewart, Melvin & Frost, led by Mark Alexander and Andrew Gould, are well-respected, experienced, successful personal injury lawyers ready to fight for your rights. For a free consultation, call (770) 536-0101 or fill out our contact form today.

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