Personal Injury Liability in Intentional Torts

Most personal injury cases involve an accident. However, some injuries are caused by intentional actions. Assault, defamation, and false imprisonment can cause serious harm. These injuries are not caused by an accident. These are intentional actions. When someone intentionally causes harm, they should be held responsible for their actions.

In a personal injury lawsuit, the person who caused the injury can be liable for damages. Intentional tort claims are different from negligent injuries. For information about intentional tort cases, talk to your personal injury lawyer for legal advice.

What Are Intentional Torts?

A tort is a wrongful action that causes injury or harm. A tort gives the injury victim the legal right to recover damages from the person responsible for the civil wrong. Torts are generally divided into:

• Unintentional torts
• Intentional torts
• Strict liability torts

Most personal injury cases involve unintentional acts or negligence claims. Negligence torts, like a car accident, happen when someone fails to use the same amount of care that a reasonable person would use, causing an injury. Strict liability includes product liability claims where a defective product causes injury.

Intentional torts are caused by an intentional act that causes harm to the injured party. Examples of intentional torts include:

• Assault
• Battery
• False imprisonment
• Intentional infliction of emotional distress (IIED)
• Defamation
• Invasion of privacy

Assault and Battery

If you are assaulted, you can hold the other person liable for any injuries. To prove assault and battery, you have to show that the defendant touched you with the intent to cause harm or offensive contact, which resulted in harm.

Assault and battery can result in criminal charges. However, they can also allow you to get compensation in civil court. The burden of proof is lower in civil court. In criminal court, you have to prove guilt beyond a reasonable doubt. However, in civil court, you only have to show they were liable by a preponderance of the evidence.

This means that if there was only a little evidence of the crime, the defendant may get acquitted. However, you only have to show it is more likely than not that they assaulted you in civil court. You can get compensation in civil court even if they were never convicted in the criminal case.

Intentional Defamation or Slander

Defamation is a false statement that could harm your reputation. Defamation can include slander or libel. Libel is a false written statement, and slander is a false spoken statement. If the defendant knew a statement was false and made the statement anyway, the defendant could be liable for any damage or harm to your reputation.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress is a tort of outrage. If someone’s extreme or outrageous conduct intentionally causes you severe distress, you can file a civil lawsuit for damages.

Who Is Liable for Damages in a Personal Injury Claim?

In a negligence case, liability is based on the breach of a duty of care. In intentional torts, liability is based on intentional acts. For liability, the defendant does not need to intend to cause harm but only intend to commit the act.

For example, the defendant wanted to scare you by pretending to throw a knife at you. The defendant was going to fake throwing a knife, but it accidentally slipped, causing you to suffer a severe laceration. Even if the defendant didn’t intend to hurt you, the fake throw was the cause of the injury. The defendant may be liable for any damages caused by the wrongful act.

What Compensation Can You Get in an Intentional Tort Claim?

In a civil lawsuit, the injury victim can recover monetary compensation for their losses. Compensation can depend on the types of injuries involved. Compensatory damages in a civil case can include:

• Medical bills
• Lost income
• Property damage
• Pain and suffering

In some cases, the injury victim can also get punitive damages. Punitive damages punish wrongdoers by making them pay more than the damage caused. This can ensure they never engage in similar outrageous conduct in the future.

Can a Personal Injury Attorney Help With an Intentional Tort Lawsuit?

When someone causes an accident because they are careless, you can file a negligence claim for damages. When someone intentionally causes pain, suffering, or physical injuries, they should be held accountable for their harmful acts. A personal injury lawyer can help you file an intentional tort claim to recover compensation for your injuries. Contact a local personal injury lawyer to understand your legal options.