There are two legal theories for a tort claim: negligence and intentional torts. Negligence is when things happen because of a lack of reasonable care. Intentional torts are when things happen because of the intentional, purposeful conduct of someone else. If you’re the victim of a tort, it’s important to understand the two types of torts. Our personal injury law firm explains intentional torts.
What are intentional torts?
An intentional tort is a legal wrong that occurs because someone acts purposefully. Unlike negligence, which is carelessness, intentional torts are the result of purposeful action. The actor doesn’t have to necessarily intend the consequences of their actions. However, they must purposefully take actions that are likely to cause harm. Intentional torts are a civil, legal wrong. The victim may file a claim for financial payment.
Understanding intentional torts
When you’re the victim of someone else’s actions, it’s important to consider the purpose behind the action. For example, if a person driving a car runs a stop sign, an accident might result. This is an example of negligence. The driver didn’t intend for an accident to occur. They only negligently ran the stop sign. However, they acted with a lack of care, and an accident resulted.
An intentional tort requires purposeful action. Consider the same example of a motor vehicle driver. Let’s say that it’s the other driver who runs the stop sign. This time, no accident occurs right away. However, the other driver is enraged. The driver puts their foot on the gas and intentionally runs into the other driver. In this scenario, the second driver is responsible for the intentional tort of assault and battery.
Elements of intentional torts
Just like in a negligence case, you must prove all of the elements of the claim. A personal injury attorney may assist you. However, unlike a negligence case, you have to prove the state of mind of the defendant. The victim must show that the defendant acted intentionally. In addition, you must show that any defenses that the other side raises, like self-defense, do not apply.
Proving the intent of the defendant is only the first step in proving the claim. You must also know what your damages are. It’s important to have evidence showing that your injuries are the result of the tort. When you work with a personal injury attorney, they help you gather the evidence to prove each element of the claim. In addition, your personal injury law firm helps you identify whether the case is an intentional tort case or negligence case. They can help you prepare your claim and state the elements of all of the applicable torts in your case.
Winning your intentional tort claim
Winning your intentional tort claim requires identifying the types of claims, filing accurate legal paperwork, and proving each element. There are multiple claims that may apply to you. A personal injury attorney can help you understand the value of the case. They can assist you with identifying legal issues and maximizing your claim when you’re the victim of an intentional tort.