Your Options for Suing as a Victim of Negligence

March 28, 2024
Personal Injury

If you have been a victim of negligence, you can take legal action for compensation. Negligence is defined as causing harm due to a lack of reasonable care. Ignorance or unawareness is not a valid defense. To prove an element of negligence, it must be shown that someone had a duty to act with care and failed to do so. States have their laws on negligence.

Compensation can include medical bills, lost wages, emotional distress, and pain and suffering. Punitive damages may be available for particularly reckless or malicious behavior. Suing for negligence can be complex and time-consuming, so it's important to work with an experienced attorney. Testimony and specific evidence may be needed to prove elements of negligence.

At Marks Law Group our Decatur personal injury attorneys are available to answer any of your questions. Call us at 678-251-9309 to schedule a free consultation and learn more.

Types of Negligence

Negligence is a type of civil tort that involves failing to act with reasonable care and causing harm or injury to another person. Negligence laws provide a legal cause of action for individuals who suffer losses due to the careless behavior of another person such as a medical professional, driver, business, or organization. There are three primary degrees of negligence: direct, vicarious, and contributory.

  • Direct Negligence – This type of ordinary negligence occurs when a person or business with a duty of care must take reasonable care and fails to do so. This can include failing to take certain precautions. Examples of negligence can include driving recklessly not following traffic laws resulting in a traffic accident, or providing faulty services.
  • Vicarious Negligence – Vicarious negligence is similar to direct negligence in that it involves failing to act with reasonable care but the difference is that the person responsible for the harm is not the one who acted negligently. Instead, they are held liable for the negligence of another person or organization that they had control over.
  • Contributory Negligence – This type of negligence occurs when a person’s actions contribute to their injury or loss. In this comparative negligence case, the responsible party may be able to argue that the injured person or victim was partially at fault for their injuries and should not be able to recover damages.


Duty of Care and Breaches of Duty

Duty of care is a legal obligation that requires one party to act in the best interests of another. It is imposed by law and is based on the idea that all individuals should look out for each other’s safety and well-being. In terms of negligence, duty of care refers to an individual or entity’s responsibility to protect others from harm posed by their actions or omissions.

Establishing Negligence as a Victim

As a victim of negligence, it is important to understand that you may be able to sue for damages. Establishing negligence requires that the injured party prove four elements: duty, breach of duty, causation, and damages.

Determining the Risk of Harm

The risk of harm is an important factor to consider when suing for negligence. To prove that a defendant was negligent, the plaintiff must show that the defendant acted carelessly or recklessly and that this action resulted in foreseeable and direct harm to the plaintiff. To demonstrate the risk of harm, the plaintiff must provide evidence that there was a reasonable likelihood of injury from the defendant’s actions and that the defendant should have foreseen this risk.

Establishing Standard of Care

Establishing the standard of care is a key component of any negligence lawsuit. The standard of care is the measure by which a person or entity’s conduct is judged in a negligence action. In essence, it is the legal duty imposed on one to act reasonably under the circumstances and requires him or her to exercise such reasonable care as would be exercised by an ordinary prudent person under similar circumstances.

Breach of Duty and Actual Harm

Breach of duty and actual harm are two important elements in a negligence claim. Negligence is a type of tort or civil wrong that occurs when a person fails to act as a reasonable person would under similar circumstances, causing another person to suffer an injury or harm. The victim must prove that the other party owed them a legal duty of care, they breached that duty, and they suffered actual harm as a result.

Filing a Personal Injury Claim or Lawsuit

When an accident victim is filing a personal injury claim, it is crucial to seek guidance from a skilled personal injury lawyer who can assess the case and offer recommendations on the most appropriate steps to take. A capable attorney will thoroughly review all pertinent evidence, assess damages, and assist victims in their pursuit of a favorable lawsuit or claim.

When you believe that another party has been negligent in their actions and caused you harm, the legal process to receive compensation for your damages can be complex. If your case is successful, you may be eligible to receive damages to cover medical bills, lost wages, and other costs caused by the negligence. It’s important to understand the process of filing a civil suit so that you can make informed decisions about pursuing a lawsuit and recovering damages.

Preparing Evidence for Your Case

To win a lawsuit for negligence, you need to gather evidence. Collect and organize relevant documents and facts to prove the other party's negligence and the harm caused.


Start by documenting any losses, damages, injuries, and expenses from the incident. This will establish the amount of damages sought in the lawsuit. Gather evidence like witness statements, photographs, and medical records related to the negligence. Also, keep a record of all communication with the defendant.

Damages Awarded in a Negligence Case

Negligence is a legal term that describes the failure of a person or company to exercise reasonable care, resulting in injury to someone else. When negligence causes injury, the victim may be eligible for compensation to cover medical expenses, lost income, and pain and suffering. The amount of compensation awarded in a negligence case depends on the specific circumstances and the extent of the victim's injuries.

Compensatory Damages

Compensatory damages are a type of legal remedy awarded to plaintiffs when they have been injured by a negligent party. They are intended to compensate victims for their actual damages such as medical bills, lost wages, or pain and suffering. In civil lawsuits involving negligence, compensatory damages are designed to make victims “whole” again—that is, to put them in approximately the same financial position they were in before the negligent act.

Contact Marks Law Group Today!

If you or a loved one has been the victim of another's negligent actions that resulted in injury, it is important to take action. Filing a lawsuit can help you get compensation for medical bills, lost wages, pain and suffering, and other damages. The experienced negligence attorneys at Marks Law Group can help you build the strongest case possible and fight for fair compensation for injuries received.

At Marks Law Group, we understand the complexities of the negligence legal process and are here to help. Contact us today for a free consultation.