How the injury claim is handled depends largely on if the case is an intentional or regular tort. Personal injury cases are never the same and they come in all shapes and sizes. One injury case, regardless of whether the same type of accident causes it, will have a different outcome than another.
Almost all claims, however, are based on two types of arguments. The first is that the plaintiff was injured because of the reckless behavior of the defendant. The second is that intentional acts of the defendant caused the plaintiff’s injuries. In the first situation, this is a negligent tort, while the second is an intentional tort.
What Are Negligent Torts?
Everyone owes a duty of care to protect the public from injury. This duty extends into everyday life activities, such as driving or even walking on the streets. There are four basic principles when one files a claim for a negligent tort:
- The duty of care. This involves the duty of care owed by the defendant to the plaintiff. A person must exercise specific care under circumstances to prevent injury to others. If that injury is perceived or likely, then the defendant should have taken actions to avoid the injury (not cause the injury).
- Breach of duty and the cause of the accident. When one breaches the duty of care and causes an accident, he or she is considered negligent for the injuries and damages associated with that breach of duty. For example, a driver who is speeding and causes an accident was reckless and disobeyed the duty of care owed; therefore, he or she is liable for the injuries.
- Injuries. While there is a breach of duty, there must also be an injury for there to be a negligence-based claim. This injury must be related to the breach of duty in some way. If the injury is not related, there is no case.
- Damages involved. There must be damages associated with the breach for there to be a negligent tort. These damages include medical costs, lost wages, property damage costs, and pain and suffering.
What Are Intentional Torts?
Just as the name implies, the defendant’s actions intentionally or purposefully cause these injuries. The defendant knew that he or she would harm someone and he or she intended to do that harm through the offense. For example, if he or she has assaulted a person or imprisoned someone falsely. These acts are all intentional and were not caused through an “accident” or other reckless type of behavior.
Most intentional torts also involve criminal liability and cases. For example, someone purposely attacked another and caused serious injuries. He or she is likely to be tried in criminal courts for those actions, then he or she may also be sued in civil court.
Injured by an Intentional or Negligent Act? Contact an Attorney
Regardless of the type of tort, a personal injury advocate must be contacted if you want to receive compensation for your injuries. Schedule a consultation with attorney B. Clarke Nash at The Law Offices of B. Clarke Nash, P.C. today to explore your options. Consultations are free and there is no obligation. Schedule your appointment now by calling his office at 912-200-5292 or request more information online.