What Is Negligence ?

Negligence is the failure to use reasonable care directly resulting in injury or loss to another person. There are four elements required to establish negligence in a personal injury claim. Those include:

  • Presence of a Duty of Care -The first element is establishing the presence of a duty owed by one person to another. People have a duty to act in a reasonable manner toward others. Each unique personal injury claim starts with identifying this duty.
  • Someone Breached Their Duty -The second element is a breach of the duty owed by one person to another. A person breaches their duty by failing to act in a reasonable manner toward another person.
  • The Breach Directly Causes Injuries -The third element is when the breach of duty becomes the direct cause of another person’s injuries. The type and severity of injuries must be related to a failure to act in a reasonable way. The source of the breach could be a person, business, organization, or other entity.
  • Proving Monetary Losses -The fourth element is closely tied to each of the first three. When a duty exists, and a breach of that duty directly causes an injury, the injured person is responsible for proving the nature and extent of his injuries.

If you have been injured and are unsure if the responsible party was negligent, the Kubanyi Law Firm can help advise you on your rights and guide you through the process.

Our Office

  • Atlanta Office

    Address

    3340 Peachtree Road
    NE 18th Floor - Suite 1800
    Atlanta, Georgia 30326

    Phone

    404-965-7112

Choose a location to review

The Kubanyi Firm locations:

Reviews & Ratings

  • 5.0/5.0

    Sherry and the Kubanyi office have been absolutely amazing. From the constant communication to the kindness and hospitality, they took the edge off of an extremely stressful situation. She was always real and never sold me something that sh...
    Show More

    — Client

  • 5.0/5.0

    This woman and her firm are the real deal. I fell for the tv ad and hired a lawyer that I never talked to. I fired that lawyer and never got a call asking why. One of my friends told me about attorney Sherry and from day 1 I knew I made a g...
    Show More

    — Client

  • 5.0/5.0

    Ms. Kubanyi is an excellent attorney. She represented me for a car crash. Not every case is worth a million dollars but not everbody understands that. What I know from personal experience is Ms. Kubanyi will fight to get you compensated fo...
    Show More

    — Client

  • 5.0/5.0

    Ms. Kubanyi took my case when no other lawyer would touch it. She fought hard for me for almost two years. Some days I was discouraged but she never gave up and so I did not either and she got me everything I wanted. She is powerful and foc...
    Show More

    — Client

  • 5.0/5.0

    It was amazing to watch Sherry Kubanyi in action. She took charge of my case and negotiated on my behalf to secure the best terms possible. I felt safe knowing that I had an attorney who genuinely cared about my situation and was willing to...
    Show More

    — Client