Torts are acts or omissions that can cause physical harm, property damage, and damage to the reputation of a person. There are two types of torts: intentional and unintentional (also known as a negligent tort). The main difference between an intentional and negligent tort is the intent of the person who commits the tort (also known as a tortfeasor).
What Is an Intentional Tort?
Intentional torts occur when a perpetrator has the intent to commit a wrongful act. This type of tort can occur even if the tortfeasor did not intend any harm (such as surprising someone with a heart condition and the person subsequently suffering a heart attack).
Some examples of intentional torts include:
- Hitting someone in the face
- Slandering another party
- Engaging in a fraudulent act in order to inflict damage on another party
- Smashing one’s car into the victim’s car after an argument between both parties
Civil injury lawsuits for intentional torts (in which a plaintiff seeks to hold a defendant liable for some type of wrong) are generally limited to the following cases:
- Assault and battery
- False imprisonment
- Conversion (i.e. theft)
- Intentional infliction of emotional distress
- Fraud and deceit
- Trespassing land and property
What Is a Negligent Tort?
Unintentional torts occur when an individual or entity fails to operate within a reasonable standard of care to ensure the safety of those around them. Negligence cannot be considered an intentional tort as the person did not intend to cause harm; however, they’re still held legally responsible for the injuries that resulted from their careless actions.
For example, if you’re involved in a car accident where the party at fault was texting or using his phone while driving, resulting in a car accident, then the accident is a negligent tort as the other party had no intention to cause direct harm to you.
Penalties for Negligent and Intentional Torts
If you’re the victim of a negligent tort, then the party at fault is liable for all the damages and losses resulting from their negligence. These include property damage, medical costs for your physical injuries, loss of earnings, future medical costs, punitive damages, and pain and suffering.
On the other hand, in cases of intentional torts, even if there is a civil aspect (which is the same as with negligent torts), intentional torts also carry the penalty of imprisonment.
Seek the Legal Expertise of Top General Negligence Lawyers
If you’ve been injured by another person’s carelessness, then you have the right to claim negligence compensation for the damages you’ve suffered. Mesriani Law Group’s highly experienced general negligence lawyers will fight tooth and nail to ensure that you’re fairly compensated for your losses and suffering.
Our top personal injury lawyers will also defend victims of intentional torts, and will take cases on a contingency basis.