Intentional torts refer to a liable party’s purposeful actions and desire to cause harm, as opposed to injuries that occur due to negligence. When someone acts intentionally and injures another, this could support this type of case. As explained by the Legal Information Institute (LII), the most common intentional torts include:
- Assault and battery: Threatening and causing physical harm
- False imprisonment: Confining someone or holding them hostage against their will
- Trespass to land: Entering someone’s property without permission
- Trespass to chattels: Using someone’s personal property without permission
- Intentional infliction of emotional distress: Behaving in an extreme way meant to cause emotional stress and harm
Negligence VS Intentional Harm
In a civil case based on negligence, the liable party acted in a way that significantly increased the risk of harm for someone else. This is usually because of carelessness because the negligent party did not think the situation through or consider the risk of injuries before acting (or failing to act, in some cases).
For example, a driver might run a red light without considering what happens if there is another vehicle in the intersection. They made a poor choice, and some even acted recklessly, but their intention was not to hurt another person.
Intentional injury cases, however, occur when the at-fault party does the following:
- Plans or thinks through their actions
- Is fully aware of the ramifications
- Intends to cause harm
- Carries out a wrongful act
In addition to those we outlined above, other examples of intentional torts include when someone rapes or murders another. Any circumstance in which one person intentionally harms another physically or emotionally could support this type of legal action. Like negligence victims, those injured because of intentional acts can recover compensation based on what happened.
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Are Intentional Torts Crimes?
In many situations, actions that support an intentional tort may also be the basis of a criminal case against the at-fault party. However, the goals of these two types of cases are significantly different:
- Criminal cases hold the guilty party responsible for their bad behavior
- Civil torts seek financial recovery for the victims of the incident
The outcome of a criminal case—even if the accused party does not face charges—does not affect a civil case based on an intentional tort. You may be able to seek and recover compensation in your case no matter what happens in criminal court against the at-fault person.
Liability and Compensation in an Intentional Tort Case
The liable party in an intentional injury civil case is generally the person who chose to cause harm to the victim. However, there are some cases in which others may be vicariously liable. It may be possible to recover compensation in your case through:
- An insurance claim and negotiated settlement based on your losses
- Trial and verdict in civil court with a financial award based on the evidence presented
If you work with an attorney from our team on your civil case, we will gather evidence to prove what happened, who was involved, and their intentions. We can then document the related economic and non-economic costs and pursue damages for you. The recoverable damages could include:
- Medical care costs
- Lost income
- Additional losses and expenses
- Future related costs
- Pain and suffering
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What Should I Do If an Intentional Act Harmed Me?
If you are wondering if you have a case against someone who hurt you, our team can review the details for free and talk with you about intentional torts. We handle cases of negligence as well as those in which victims suffered injuries because of deliberate actions. Our firm also:
- Offers free consultations
- Handles cases based on contingency
- Aims to make you feel comfortable partnering with us
Our fee structure allows clients to obtain legal representation regardless of their financial situation. You will only owe for our services if we win your case.
Note that There Is Limited Time to File a Civil Lawsuit
You need to act quickly. Strict deadlines apply when pursuing civil lawsuits based on intentional harm. For example, Louisiana gives victims of most torts only one year to take legal action. Other states have their own limits, and certain circumstances can shorten this timeline further.
When you speak with our legal team and allow us to review your case, you can learn when the deadline in your case is and how long you have left to file. From there, we can discuss your options and choose the best path for seeking your compensation.
Let Our Team Review Your Case Today for Free
The Morris Bart law firm represents victims of intentional torts. We operate 15 locations in four states and serve all of Alabama, Arkansas, Louisiana, and Mississippi.
We provide complimentary case reviews for victims in our service area. Contact us today by calling (800) 537-8185. We can explain your rights and evaluate your options now.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
