A “tort” means any harmful action that causes injury to another person or their property. Torts focus solely on the harm caused by one person’s actions to another person. Torts commonly involve car accidents, assaults, and wrongful deaths. People often think of torts as unintentional or negligent acts. But torts can also be intentional. Contact a tort attorney in Galveston, TX, to help you receive the most damages in any of these cases.
Intentional Torts Versus Negligent and Strict Liability Torts
Torts are categorized based on the intent of the defendant.
A defendant’s intent controls the particular outcomes of these cases:
- Negligent Torts: These occur when someone fails to fulfill a duty owed to another person. Examples often involve car accidents or other personal injury claims.
- Strict Liability Torts: Here, no intent or duty is required to establish liability. Instead, the focus is on the act itself. A typical example is product liability torts.
- Intentional Torts: These involve deliberate actions. In these cases, someone intentionally harms another person or their property.
Examples of Intentional Torts
Intentional torts cover a wide range of harmful behaviors where the intent to cause harm is clear:
- Assault: Threatening or attempting to harm someone physically.
- Battery: Involving actual physical contact resulting in injury.
- Conversion: Unauthorized taking or using a person’s property; theft.
- False Imprisonment: Unlawfully restricting someone’s movement.
- Intentional Infliction of Emotional Distress: Egregious actions causing severe emotional suffering.
- Trespass: Entering someone’s property without permission.
An experienced personal injury lawyer can help you identify the harmful conduct that caused your injuries and pursue the compensation you need to move forward.
Defending Against Intentional Torts
Defendants in intentional tort cases may present several defenses to mitigate liability:
- Consent: Where the injured party explicitly or implicitly permitted the defendant’s actions.
- Self-Defense: Claiming the actions were necessary to protect oneself from harm.
- Provocation: Arguing that the injured party initiated the altercation leading to the harm.
A personal injury attorney can help you combat claims that you provoked or consented to the harmful conduct that caused your injuries.
What Is the Difference Between an Intentional Tort and Criminal Conduct?
Intentional torts often overlap with criminal law. Understanding the difference between tort and criminal actions is important.
Tort law compensates victims for harm caused by civil wrongs, such as theft or property damage. This allows personal injury victims to pursue compensation for the injuries and losses you suffer due to someone else’s intentional misconduct.
Criminal Law involves prosecuting individuals for breaking criminal statutes. These include conversion or public mischief (property damage).
Criminal convictions require proof of guilt beyond a reasonable doubt. These cases are brought by a prosecutor rather than a private citizen. Civil actions, like intentional torts, need a lower burden of proof. Typically, tort liability only requires proof by a preponderance of evidence. That means there has to be approximately a 51% chance of liability, or the defendant is more likely than not responsible for your injuries.
Why Hire a Personal Injury Attorney if Someone’s Intentional Conduct Injured You?
Intentional tort attorneys specialize in helping victims receive the highest amount of damages. These legal professionals navigate these complex cases. During this difficult time, the potential for maximum compensation provides hope and optimism.
In some cases, proving that the defendant intended for the result to occur is unnecessary. Liability only requires that the defendant intend to commit the harmful act. Intent significantly influences the legal strategy and potential outcomes of the case.
Victims of intentional torts may face both physical and emotional trauma. They may also experience losses due to medical expenses, lost wages, and other damages. Skilled legal representation will help you achieve fair compensation after experiencing intentional harm. You also deserve justice.
What Compensation Can I Recover for an Intentional Tort?
Intentional torts are distinctive because they can lead to various types of damages:
- Economic damages cover tangible losses like medical expenses, lost wages, diminished earning capacity, property damage, and out-of-pocket expenses
- Non-economic damages address intangible losses such as pain and suffering, emotional distress, mental anguish, and reduced quality of life
- Punitive damages aim to punish wrongdoers for intentional actions. These actions can lead to large fines.
As seen above, intentional torts can have serious consequences. They lead to big compensatory damages and punitive damages. In Texas, punitive damages can be substantial but are only awarded in rare instances. The purpose of these damages is to deter similar behavior in the future.
Consult a Personal Injury Lawyer if You Are a Victim of an Intentional Tort
If you believe you’ve been a victim of an intentional tort, seeking legal counsel as soon as possible is crucial. This step is empowering. It puts you in control of knowing your rights and seeking fair payment. The legal process can be complex, but with the right legal team, you can navigate it with confidence.
Contact the Texas Personal Injury Lawyers of The Law Firm of Alton C. Todd Personal Injury Lawyers for Help Today
Please contact an experienced personal injury lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today our offices in Friendswood & Galveston, TX.
We serve throughout Galveston County in Texas and surrounding areas.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood
312 S. Friendswood Dr.
Friendswood, TX 77546
(281) 992-8633
