Intentional Torts vs. Negligent Torts in Personal Injury Cases

Intentional Torts vs. Negligent Torts in Personal Injury Cases

“Tort” is a legal term that personal injury victims often hear their attorneys say. In personal injury law, a tort is a wrongful act that injures someone. All personal injury cases can be classified as either an intentional tort or a negligent tort, depending on the nature of the wrongful act. Here’s a look at the differences between intentional torts vs. negligent torts:

What Are Intentional Torts?

As its name suggests, an intentional tort is a wrongful act that was committed with the intent to inflict harm upon another person. For example, someone who intentionally drives a car into a pedestrian in order to harm him has committed an intentional tort.

What Are Negligent Torts?

People who commit negligent torts do not mean to harm their victims. In this type of case, the victim of the wrongful act is injured due to the at-fault party’s negligent behavior.

Take another look at the example mentioned above. Let’s say the driver of the vehicle did not mean to crash into the pedestrian. Instead, he accidentally collided with the pedestrian because he was distracted by his cell phone and did not see him crossing the street. Since the driver hurt someone as a result of his negligent behavior, he has committed a negligent tort.

Taking Legal Action

Victims of both intentional and negligent torts have the right to file a personal injury case to recover compensation for their injuries. It’s important to note that these cases take place in civil court, not in criminal court. The purpose of a personal injury lawsuit is to compensate the victim, not to punish the at-fault party. However, the defendant could face legal proceedings in criminal court if he committed a crime by injuring you. Since it is illegal to intentionally inflict harm upon someone, defendants involved in intentional tort cases often face criminal charges as well.

Victims of both intentional acts and negligent acts can recover compensation for their medical expenses, lost wages, and pain and suffering. Punitive damages, which are used to punish the defendant for malicious conduct, are frequently awarded in intentional tort cases as well.

If you have been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm at once. Regardless of whether the act was intentional or negligent, our attorneys will work tirelessly to recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

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