December 30, 2025 | Personal Injury
When someone else’s conduct causes you damages or an injury, you are generally entitled to recover compensation from them. Intentional torts occur when someone acts on purpose, while negligence occurs when someone’s careless behavior causes you some harm.
Knowing the difference between these two legal theories can have a big impact on whether or not you are successful with your personal injury claim. Continue reading below to learn about the key differences between negligence and intentional torts in Nashville.
What Is Negligence?
Negligence forms the legal basis for most personal injury claims. In simple terms, negligence is when someone else acts carelessly, and you suffer some harm as a result. To prove negligence, you typically must prove four legal elements:
Duty of Care
A duty of care is the legal obligation to act reasonably under the circumstances. This requirement may be established by law, morals, or custom, and the specific duty required depends on the particular facts of the situation. For example, when you drive a car, you owe others on the road a duty of care to operate your vehicle in a reasonably safe manner to avoid car accidents.
Breach of Duty
Next, you must show that the defendant breached their duty of care. This means they failed to act in a manner consistent with the accepted standard of behavior. A breach can occur either through action or inaction. For example, speeding or texting while driving could be considered a breach of your duty of care as a driver of a vehicle.
Causation
You must also be able to show that your injuries were the direct result of the defendant’s conduct. You need to be able to prove both direct and proximate cause. For instance, imagine a driver who is texting fails to see your vehicle stopped and slams into the back of your car. Your whiplash injuries would likely be both a direct and foreseeable consequence of the at-fault driver’s actions.
Damages
Lastly, you will need to be able to prove that you suffered harm as a result of the other person’s negligence. This can include both economic damages and non-economic damages, such as:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Diminished quality of life
- Permanent scarring or disability
An experienced personal injury lawyer can help you identify all the damages available in your case.
What Are Intentional Torts?
Intentional torts happen when somebody’s deliberate conduct causes your injuries. Instead of simple careless behavior, they act on purpose. Many intentional torts are also crimes, such as assault and battery. The elements required to prove an intentional tort are slightly different from those needed to prove negligence. To recover damages after an intentional tort, an injured victim must demonstrate that the defendant intentionally acted in a certain manner and that they were harmed as a result. It is essential to recognize that personal injury cases must be proven by a preponderance of the evidence. Because this standard is lower than the one used in criminal cases, you may be able to recover civil damages from a wrongdoer even if there is not enough evidence for a criminal conviction.
Comparing Negligence vs. Intentional Torts
The main difference between negligence and an intentional tort is the defendant’s intent. In negligence claims, the defendant did not intend to hurt or injure the victim. Rather, the victim was injured by accident as a result of the defendant’s careless action or inaction. On the other hand, intentional torts happen when the wrongdoer injures a victim on purpose. For instance, if a person intentionally strikes you in the face, it is assumed that they intended to cause you harm. This would likely be considered the intentional tort of battery.
Contact Our Nashville Personal Injury Lawyers at Minner Vines Injury Lawyers, PLLC for a Free Consultation
A lawyer can help you determine whether your claim involves negligence or an intentional tort. Knowing the difference can be key to success with your claim and getting the compensation you are owed for your injuries. Contact Minner Vines Injury Lawyers, PLLC to schedule a free consultation with a Nashville injury lawyer.
If you’ve been injured in an accident in Lexington or Bowling Green, please contact our car accident lawyers at Minner Vines Injury Lawyers, PLLC for a free case evaluation.
Minner Vines Injury Lawyers, PLLC – Lexington, KY Office 325 W Main St #210, Lexington, KY 40507 (859) 550-2900
Minner Vines Injury Lawyers, PLLC -Bowling Green, KY Office 814 State St. suite 100, Bowling Green, KY, 42101 (270) 517-2014
Minner Vines Injury Lawyers, PLLC – Nashville Office 49 Music Square W #504, Nashville, TN 37203 (615) 676-7060
