Sometimes, an accident is exactly what the term implies: the at-fault party may be negligent, but they didn’t mean to cause the accident and they’re as upset about the incident as you are. An example is failing to stop at a red light or not noticing a puddle of water on the floor.
You can seek and receive compensation for your injuries, usually without a lot of fuss. But what about when the accident is intentional? Can you recover any financial and/or economic damages? Recovering from damages caused by intentional tort is possible, but the legal process may be a little different than what you go through with a non-intentional accident.
What is Intentional Tort?
Intentional tort is defined as a purposeful act that results in injuries. While tort includes negligence. The at-fault driver acted negligently by not coming to a complete stop at the red light. The driver did not set out to cause an accident.
The car wreck is a true accident, even though the other driver is to blame. Intentional tort applies when the driver leaves their home with the intention of causing an accident. They notice the red light, and your vehicle, but purposefully decide not to stop.
While a car collision can be the result of intentional tort, the act can refer to any type of accident that occurs intending to cause injury and/or property damage. In other words, intentional tort is:
- An individual makes the deliberate choice to act or fails to act in a specific way
- The act or omission is purposeful to cause harm or damage
Two basic types of intentional tort that can result in a civil lawsuit are:
- Negligence torts, which defendants can be held liable for even if they did not intend harm if they had a duty to act with a certain level of care and failed to do so
- Strict liability torts, which defendants can be held liable for even if they did not intend harm and were not negligent
When this applies to your personal injury case, your case is typically covered under tort law, which means you can file a lawsuit in civil court to seek compensation for any damages. Notice that your case is in civil court.
Regardless of the at-fault party’s intent, your lawsuit will not go to criminal court. Whether or not the defendant eventually ends up in criminal court is entirely up to the discretion of law enforcement and the justice system.
A Look at Intentional Tort Examples
Intentional tort can take many forms, but all have something in common. The defendant acted willfully with the specific intention of causing harm, and the harm can be injuries, property damage, or both. Some common examples of intentional tort include:
- Assaults can be considered a form of intentional tort, which can include punching someone or pointing a firearm at the individual. Since assaults are illegal, you may go through both a civil and a criminal trial. The criminal trial decides punishment, and the civil case awards damages.
- Battery is another type of assault and an example of intentional tort where the aggressor is purposefully attempting to cause bodily harm. While punching someone is the most common type of battery, it can also include performing medical procedures without a license and/or consent.
- Conversion is a little confusing since it’s similar to theft but isn’t considered a robbery. An example of conversion is if you rent a vehicle for a specific amount of time only to have the rental company reclaim the vehicle before the agreement is up. In a sense, it’s a contract violation, and you can sue in civil court to recoup your losses. Your losses can include your rental fees, along with any other expenses you may incur after losing the vehicle before the lease ends. For example, you paid for a weekend at a vacation resort but didn’t make it since the vehicle was reclaimed.
- Defamation occurs when someone knowingly makes or perpetuates a false statement against you. Defamation can take two forms: written or spoken. When the statement is written, it’s liable. If a false statement is spoken, it’s known as slander. Both types of defamation can occur separately or together, and you can file a civil lawsuit for reputational damages.
- False imprisonment is both a crime and considered an intentional tort. In some cases, kidnapping charges may apply. There’s also a good chance the perpetrator ends up in criminal and civil court. Holding someone or restricting their movements against their will is a federal crime.
Intentionally inflicting emotional distress is a little harder to prove in civil court. However, the burden of proof is lower in civil cases compared to criminal ones, making it slightly easier to recover at least some of the damages.
Steps to Take If You’re the Victim of Intentional Tort
The type of intentional tort can affect your next steps—however, the first step is always to seek immediate medical attention if you’re injured. Keep copies of your medical records, including diagnosis and treatment. You also want to save all of your medical bills, even the ones you pay out-of-pocket.
File a police report as soon as possible, which is crucial if the intentional tort involves an assault. If a gun is used in the incident, don’t wait to call the authorities. You’ll want to save a copy of the police report, especially if you plan on filing a civil lawsuit.
Try to document the incident scene, as long as it’s safe, and take plenty of pictures of any injuries and property damage. Go ahead and get contact information from any witnesses because if your case goes to trial, your attorney may need to take their statements.
You also want to contact an accident attorney, preferably one specializing in tort law. What you don’t want to do is give a statement to anyone other than the authorities before consulting with an attorney, which includes any insurance adjusters interested in settling your case.
Contact an Attorney If Your Incident is Not an Accident
In cases where accidents occur intentionally, it’s important to recognize that you are entitled to compensation for any damages incurred. Consulting with an attorney is a critical step in these situations.
An experienced lawyer will diligently work to ensure you receive fair and full compensation for your damages, addressing the unique complexities of intentional accident cases. Their expertise is essential in advocating for your rights and securing the compensation you deserve.
