What are Intentional Torts?

A “tort” is defined as a wrongful act that leads to personal injury and/or property damage which is compensable under the law.

In personal injury cases, most lawsuits are filed under theories of negligence, which generally means that a person owed a legal duty to another to act in a safe manner, that such duty was breached, and that harm resulted.  In most accidents, people are injured as the result of carelessness and inattention, and thus these cases are brought under claims of negligence.  Intentional torts, however, are brought when a person deliberately engages in a conduct with the intent to injure or harm, or which poses a very high and unacceptable risk of injury or harm.

As an example, criminal matters such as assault, battery, fraud, and sexual assault, are all examples of intentional torts for which a victim can seek compensation in the form of damages in civil court.  Those committing such actions can also be charged with crimes in a criminal court, and subject to incarceration and other criminal penalties.

Other types of intentional torts can include libel, slander, and intentional infliction of emotional infliction of emotional distress.  While these matters are usually not subject to the criminal statutes, nonetheless those who have been harmed are entitled to the damages for the injury that has been sustained.

How Our Firm Represents Clients in Cases Involving Intentional Torts

Similar to negligence, intentional torts normally entitle the victim to compensation equal to the damages sustained.  In many types of intentional torts, such as libel, slander, and intentional infliction of emotional distress, the amount of damages owed will be up to a jury to determine.  As a result, in our representation of a victim of an intentional tort, we will want to fully show how our client has been affected by the intentional tort committed.

All cases of intentional tort will be highly fact-specific.  To learn more about the compensation to which you may be due, please call our office and schedule a free, no-obligation consultation so that we can learn about your case.  We can then advise you as to what must be shown in order to prevail.

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