Posted on Friday, March 1st, 2019 at 3:18 pm
Personal injury law stems from an area of the law called torts. A tort is a “wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction.” It is a civil remedy for injured parties to seek compensation from the party, or parties, that caused their injury. Most personal injury cases arise out of the theory of negligence.
Negligence means that the party that caused the injury did not exercise reasonable care, and that led to the accident. In negligence cases, the other party likely did not intend to cause an injury, but they neglected their duty of care in allowing the accident or injury to occur. Even though the accident was just that, an accident, the question must be asked whether the accident or injury could have been avoided if only more care had been taken.
While personal injury cases often result from an unintended accident caused by the responsible party’s negligence, there are other types of torts that are intentional. Intentional torts are actions that are taken that are meant to cause harm. Determining a person’s intent can be difficult and takes a skilled attorney to prove. Intentional torts can often be criminally prosecuted, but that does not preclude the wrongdoer of civil liability to the injured victim, as well.
Proving Intent
Proving that another individual was acting intentionally to cause harm is difficult. In order to do so, the facts and circumstances that surround the accident are considered. For example, if a driver hits another person or vehicle with his or her own vehicle, it will be tricky to prove the accident was intentional. Evidence of a grudge against the other driver/pedestrian or evidence of faster driving upon seeing the other party could be evidence of intent.
The following are some common intentional torts:
- Assault: Threatening bodily injury
- Battery: Offensive touching
- Intentional Infliction of Emotional Distress: Causing terror to another
- Fraud: Harm by deceit
The above intentional torts could also be charged criminally, but that does not mean a civil suit can not ensue. If you have been injured by another individual, it is imperative that you speak to a personal injury attorney about your options. Criminal and civil trials are separate and a civil suit can be filed even without a criminal conviction. Civil personal injury suits are subject to a statute of limitations, however, so it is important that you speak to a personal injury attorney as soon as possible.
The personal injury attorneys at Jonathan R. Brockman, P.C. are here to help you. We know that injuries can be devastating and we want to help you receive the compensation you need to get you back on your feet. Our attorneys work diligently to present the best possible case under the circumstances to get the results you need. Contact us today for a consultation.