When someone’s actions cause harm to another person, the resulting civil claim typically falls under either negligence or an intentional tort. Negligence involves carelessness or a failure to act with reasonable caution, while an intentional tort stems from deliberate misconduct.
Although both can lead to personal injury claims, they differ significantly in intent, required proof, and potential damages. Understanding these differences is key to knowing how liability is determined and how to pursue fair compensation.
What Is Considered Negligence?
Negligence occurs when someone fails to exercise reasonable care, resulting in another person’s injury.
To succeed in a negligence claim in Georgia, the injured party must prove four key elements:
- Duty of Care – The defendant owed you a legal obligation to act with reasonable care.
- Breach of Duty – The defendant failed to meet that standard of care.
- Causation – The defendant’s actions (or lack of action) directly caused your injury.
- Damages – You suffered measurable losses or harm as a result.
For example, drivers owe others a duty to follow traffic laws and exercise care while driving. If a driver runs a red light and causes a car accident, that breach can make them liable for the resulting injuries.
Common negligence-based injury cases include motor vehicle accidents, premises liability cases like slip and fall accidents, dog bites, and medical malpractice.
What Is an Intentional Tort?
An intentional tort involves a deliberate act that causes injury or violates someone else’s rights.
Examples include:
- Battery – This is intentional, physical contact that causes bodily harm.
- False imprisonment – This is intentionally detaining someone without their consent and depriving them of their personal liberty for any amount of time.
- Intentional infliction of emotional distress – This is severe distress caused by extreme, outrageous behavior that is considered intolerable by any reasonable person.
- Elder abuse or nursing home abuse – This involves the mistreatment of vulnerable adults, such as neglect, emotional abuse, or physical abuse.
These cases involve conduct that is deliberate or intentional, not merely careless or even reckless. Georgia recognizes civil claims for these actions separate from any criminal case the state may or may not bring.
How Comparative Negligence Applies
Georgia’s modified comparative negligence rule is often decisive in accident cases. If a jury finds an injured person 50% or more at fault, they are not entitled to recover any damages. If they are less than 50% at fault, damages are reduced by that percentage.
In cases involving negligence, both parties may share some fault. Defendants may also try to shift some blame to the plaintiff or even non-parties to reduce their own liability. Cases may hinge on credibility, eyewitnesses, and video. Any parallel criminal proceedings do not control the outcome of a civil case, but they may supply useful evidence.
Damages in Negligence and Intentional Tort Cases
Both types of cases allow victims to recover compensatory damages for economic and non-economic losses. Exemplary or punitive damages are only awarded by a jury in rare cases. However, intentional tort cases are more likely to result in punitive damages because the defendant’s conduct involves willful or malicious behavior rather than mere carelessness.
In negligence cases, damages typically focus on making the victim “whole” again—covering medical bills, lost wages, and pain and suffering—while intentional tort claims may also seek to punish the wrongdoer and deter similar conduct in the future.
Contact Bowen Painter Injury Lawyers for a Free Consultation
Whether your injury was caused by negligence or an intentional act, you have the right to pursue justice and fair compensation for your losses. At Bowen Painter Injury Lawyers, our experienced Georgia personal injury attorneys understand how to build strong cases, prove liability, and hold wrongdoers accountable for their actions.
We’ll guide you through every step of the process—gathering evidence, negotiating with insurers, and fighting for the results you deserve. Contact our law office today for a free consultation to discuss your case and learn how we can help you move forward with confidence.
We proudly serve Chatham County, Georgia, and its surrounding areas.
Bowen Painter Injury Lawyers
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About The Author
Attorney Andrew Bowen is a founding partner of Bowen Painter Injury Lawyers based in Savannah, GA. He earned his law degree from Mercer University’s Walter F. George School of Law in 1998, after completing his undergraduate studies at Washington and Lee University. Licensed to practice in Georgia, Florida, and South Carolina, Andrew is also admitted to the federal courts in Georgia and South Carolina, the Court of Federal Claims in Washington, D.C., the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court. With over 25 years of legal experience focusing exclusively on personal injury and wrongful death cases since 2001, ranging from medical malpractice and automobile wrecks to commercial truck and motorcycle accidents. Andrew has established himself as a formidable advocate attorney in the Georgia community; his dedication to personally overseeing each case ensures that clients receive individualized attention and aggressive representation. Click here to view some of the exceptional case results Andrew has helped secure on behalf of injured clients.
Location: Savannah, GA
