Most personal injury cases involve claims of negligence. However, you can also sue another party for intentional torts.
A party is guilty of an intentional tort when they act with the specific intent to harm another person.
Legal Elements Required for Proving Intentional Tort Cases
Negligence claims require that you prove the party failed to act with reasonable care and that breach of duty led to your injury. Examples of negligent torts include car accidents and slip and fall claims.
However, you do not need to prove negligence under intentional tort law. Instead, you must prove:
- The other person willingly, knowingly, and purposefully committed an intentional act to harm you
- You did not consent to the person’s conduct
- The intentional act caused you to sustain injury or harm
- You incurred damages because of the person’s intentional act
Intentional torts can result in criminal charges. However, a criminal case is separate from a civil case. The burden of proving a civil wrong is less than the burden of proof required to prove guilt in a criminal case.
While you can use the guilty verdict or guilty plea from a criminal case as evidence in a civil case, a guilty verdict in criminal court is not necessary to win a personal injury case. Even if the person is acquitted of criminal charges or criminal charges are never filed, you can still pursue a civil case for intentional torts.
Examples of Intentional Torts and Personal Injury Claims
Several types of intentional tort can result in a personal injury claim. The types of intentional tort claims that our legal team handles include:
Assault is one of the most common types of tort cases that personal injury lawyers handle. Texas law defines assault and battery as knowingly, intentionally, and recklessly causing bodily injury to another person. Assault also includes knowingly and intentionally threatening to cause imminent bodily injury or cause physical contact that is provocative or offensive.
False imprisonment can cause a victim to sustain physical injuries. It can also result in emotional distress and mental anguish. False imprisonment occurs when a person intentionally and unlawfully prevents someone from leaving. Preventing someone from leaving can include physically restraining them, but it also includes making false statements and verbal threats to prevent them from leaving.
Intentional Infliction of Emotional Distress
A person could inflict emotional distress without causing a physical injury or making physical contact with another person. However, the party’s conduct could be so outrageous and extreme that the victim suffers from mental anguish because of the person’s conduct. As a result, a victim may develop PTSD, debilitating anxiety, chronic depression, and other disorders.
Can I Recover Compensation for Personal Injury Cases Involving Intentional Torts?
As with other personal injury claims, victims are entitled to seek compensation for the damages caused by another person’s actions. Therefore, you can demand compensation for the financial losses you incurred because of the intentional tort. Examples of economic damages include:
- Cost of medical treatment and nursing care
- Loss of income and benefits
- Personal care and household services
- Out-of-pocket expenses and costs
- Diminished earning capacity
In addition to your monetary damages, you can also demand compensation for your non-economic damages. These damages represent the pain and suffering caused by the person’s conduct. These damages include:
- Physical injuries and pain
- Mental anguish and emotional suffering
- Loss of enjoyment of life
- Disfigurement and scarring
- Permanent disabilities and impairments
- A decrease in your quality of life
The strength of your evidence, the severity of your damages, and other factors determine the value of your intentional torts claim. In addition, the person’s ability to pay damages and the availability of insurance coverage for the claim also significantly impact the outcome of your personal injury case.
How Can Hiring a Fort Worth Personal Injury Lawyer Help Me With an Intentional Tort Claim?
Even though the person was charged with a crime and pleaded guilty, you still have the burden of proving your case in civil court. You must have evidence proving each element of an intentional torts case. The outcome of the criminal case is not sufficient to prove liability in civil court.
Therefore, hiring a lawyer to handle your case can be wise. An attorney has the resources to conduct a thorough investigation to gather evidence necessary to prove liability. A lawyer also understands the laws governing intentional tort cases.
Furthermore, your lawyer understands what damages you are entitled to receive and how to value those damages correctly. Victims are often entitled to more money than they realize for a personal injury claim.
While you focus on healing, your lawyer handles all matters related to your legal claim, including monitoring the statute of limitations for filing lawsuits, filing insurance claims, and negotiating settlement agreements.
Contact Us for a Free Consultation With Our Fort Worth Personal Injury Lawyers
You deserve fair compensation for your injuries and damages regardless of whether the person intended to hurt you. Our legal team fights to recover maximum compensation for your claim. Contact us to schedule a free consultation with an experienced personal injury attorney to discuss your case.