NEGLIGENCE AND INTENTIONAL TORTS: WHAT’S THE DIFFERENCE?
“Civil wrong” is referred to as a “tort” in jurisdictions like New York State. In other words, it’s a civil misconduct lawsuit that isn’t related to a contract dispute. Tort claims, such as a lawsuit for personal harm, fall under this category. While negligence is the most common basis of emotional damage, some parties may be able to pursue a purposeful tort claim. The difference between a deliberate tort and carelessness is explained by Atlanta personal injury law firm.
Intentional Tort And Negligence Terminology You Should Know
The distinction between carelessness and intentional torts is essential to recognize if you plan on pursuing a civil claim for damages. In the following paragraphs, we’ll explain the two legal definitions:
❖ Negligence
The failure to take reasonable precautions is what we mean when we talk about negligence. Negligence is the failure to exercise proper care in the circumstances despite an obligation to do so, resulting in injury to another party. Damages and breach of duty are required aspects of negligence. If a negligent party causes harm to another person, that person can file a lawsuit against them.
❖ Intentional Cruelty
An intentional tort, as defined by the Legal Assistance Institute, is “a type of tort that can only result from a purposeful act of the defendant.” Proof that the defendant meant to damage the plaintiff in some way, whether generally or specifically, is required for any claim of intentional tort that is going to be effective.
Torts Committed On Purpose
Intentional torts can cause irreparable injury to the person who is the victim. An intentional tort, as previously stated, is a civil violation committed knowingly. Among the most well-known intentional torts are the following:
➢ Battery and assault:
➢ Inappropriate touching of the female form
➢ False arrest; and,
➢ Infliction of mental anguish on another person knowingly.
➢ Intentional Cruelty;
The Legal Actions In Civil And Criminal Cases Are Distinct
If an intentional tort was committed, the defendant might face criminal prosecution in rare circumstances. For instance, a person who damages an innocent victim in an unjustifiable physical attack may be charged with assault and battery. The defendant might face substantial felony charges depending on the severity of the incident.
Civil action for deliberate tort might be possible if the victim was seriously injured. Victims can file a lawsuit to recover damages such as medical bills, loss of wages, and emotional distress. There are two types of legal actions to consider: criminal and intentional tort.
Punitive Damages Can Be Recovered From The Court
In most cases, compensation for personal injuries is based on the plaintiff’s actual monetary or non-monetary losses. Damages are typically compensatory rather than punitive. To be eligible for compensation, a plaintiff must demonstrate that they have suffered a loss.
Intentional tort claims, on the other hand, could be an exception. Punitive damages may be awarded to the victim in some cases of intentional tort. Rather than compensating the victim for some specific loss, punitive damages are awarded to punish the culprit for their particularly egregious behaviour. The plaintiff can still receive punitive damages (injured victim).
SPEAK WITH A PERSONAL INJURY ATTORNEY
Victims benefit from the vigorous legal representation provided by personal injury attorneys. They are here to answer any queries you may have about intentional torts. Contact their company right away to meet with a lawyer at no cost and with no obligation. They represent wounded people all around the state from their law offices.
