Learning About Intentional Torts
What Is An Intentional Tort?
An intentional tort is a category of civil wrongs (torts) where an individual intentionally causes harm or injury to another person. Unlike negligence, which involves unintentional harm resulting from a lack of care, intentional torts occur when someone deliberately engages in conduct that causes harm or damage to another person or their property. Intentional torts involve a willful act, and the person committing the act is typically aware that their actions could lead to harmful consequences.
Common Examples Of Intentional Torts Include:
- Assault: Intentionally causing another person to fear that they are about to be physically harmed. It doesn’t necessarily involve actual physical contact but includes the threat of harm.
- Battery: Intentional and harmful physical contact with another person without their consent. Unlike assault, battery involves actual physical harm.
- False Imprisonment: Intentionally restricting another person’s freedom of movement without legal justification. This can include physical restraint or the threat of force.
- Intentional Infliction of Emotional Distress: Deliberate and outrageous conduct that causes severe emotional distress to another person. This can include actions that go beyond what is normally acceptable in society.
- Trespass to Land: Intentional entry onto another person’s property without permission.
- Defamation: Intentionally making false statements about another person, damaging their reputation. Defamation can be oral (slander) or written (libel).
It’s important to note that for an intentional tort to occur, the defendant must have intended the specific consequences of their actions or known that the harm was substantially certain to occur. Intent is a key element in establishing liability for intentional torts. Additionally, some intentional torts may also result in criminal charges, but the civil aspect allows the injured party to seek compensation through a lawsuit.
Taking Legal Action
Seeking legal counsel following an intentional tort is a pivotal step in pursuing justice and recompense for the harm endured. Speaking with an attorney holds considerable significance in such situations for several reasons.
First and foremost, a lawyer, like a premises liability lawyer, possesses the legal expertise necessary to navigate the intricate landscape of intentional tort cases. They are well-versed in tort law, the applicable statutes of limitations, and the specific criteria needed to substantiate your claim. Additionally, lawyers play a pivotal role in assessing the viability of your case. Through a meticulous examination of the available evidence, interviews with witnesses, and a comprehensive review of the circumstances surrounding the intentional tort, they can provide a professional evaluation of the strength of your claim and the potential damages you may seek.
One of the critical functions of an attorney is safeguarding your legal rights throughout the entire process. They offer advice on interacting with opposing parties, insurance companies, and law enforcement to prevent unintentional harm to your case. Attorneys also excel in negotiation, striving to secure a settlement that justly compensates you for your injuries and losses. Their negotiation skills are instrumental in achieving favorable outcomes.
Find Trusted Help For Your Claim
As our friends from Kiefer & Kiefer can tell you, consulting with an attorney after experiencing an intentional tort is paramount. Their expertise and advocacy significantly enhance your prospects of obtaining justice and appropriate compensation. Call your trusted law office today.