Principals of Injury Law

There are two general categories of law: civil and criminal. Criminal law deals with crime and punishment. Civil law, for the purposes of this chapter, encompasses civil duties and their breach and damages. Car accident cases generally involve “torts” (injuries). To bring a civil claim in the courts, you need to have all four parts of a case present: duty, breach, causation, and damages.


A civil duty is an obligation you owe to people in the community. It can come from a contract, law or it can just be a general civil obligation. When we drive cars, we are all charged with the duty to drive with ordinary reasonable care. Basically, the law says you have to be careful.


The second requirement is that the other person must have failed to do his or her legal duty; he or she “breached” the duty. An example of a breach of duty would be failing to yield, not paying attention, speeding etc. Failing to do your duty of acting carefully is generally called “negligence” as in, “she negligently turned in front of the other car.” It just means the driver was not being careful.


The third requirement is that the failure to do the duty must cause something bad to happen. If you drive like a jerk and swerve all over the road with no one around and nothing happens, there was duty and breach, but it did not cause a crash. Another example would be if you had cancer and were in a car crash. If the crash did not change the cancer, you could not claim the medical bills from cancer because they were not caused by the other driver’s failure to drive carefully.


Finally, if the person breached their duty and it caused something bad to happen, the court will look to see what damages were caused.

The victim of a personal injury in Georgia has a legal claim to compensation (money damages) for:

  • Past and future medical expenses
  • Past and future lost wages
  • Pain and suffering
  • Loss of enjoyment of life
Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client