It seems crazy to think that some people might actually set out to harm someone in a car crash or negligent act, but unfortunately, intentional injuries do happen and can cause lasting harm or damage to the victim. In these cases, when the actor intended to cause harm, the victim can file an intentional tort claim to recover damages and receive compensation for medical bills, lost wages and other related expenses.
A tort involves wrongdoing that causes victim harm or injury. Most personal injury cases involve negligent or careless acts committed by a person who did not mean to do them, as is the case in a car accident where the at-fault driver may have been texting or not paying attention to the road.
However, some cases involve intentional injury, where the at-fault person meant to cause harm or damage to the victim. Whenever someone purposely does something to cause injury or harm to another person or entity, this is considered an intentional tort.
Types of Intentional Torts
There are many actions that can be considered intentional torts, including:
- Battery: The perpetrator acts intentionally to hit or harm the victim, whether by throwing a punch, slapping the victim, firing a gun at the victim or other actions.
- Assault: Any attempt at battery, even if the victim is not injured or there is no actual battery.
- Fraud: Any act of lying or deceiving another person is intentional. In these cases, the victim must prove that the defendant knew he or she was lying, knew that the plaintiff would believe the lie and would rely on the information, and knew he or she would be harmed or injured by the lie.
- Kidnapping or imprisonment: This involves holding someone against his or her will. While there are a few legal exceptions, most acts of restricting someone’s freedom are considered intentional torts.
- Intentional emotional distress: Any act intended to frighten or cause emotional distress or strain on another person.
- Defamation: Slander, libel or any other form of defamation that could harm a person’s reputation.
- Trespassing: Using or going on someone else’s personal property without permission.
- Public and private nuisance: Nuisance is any conduct that endangers a person’s life or property. Private nuisance refers to interference with one person’s property and public nuisance involves property for the use of the public.
- Invasion of privacy: Any of the following acts — invasion of solitude, false light, appropriation, or public disclosure of private information.
- Stealing: Taking someone else’s property as one’s own.
Most intentional tort acts are handled as civil cases, as the act is aimed at harming one specific person. A personal injury attorney can help the victim seek recompense for injuries, damages and expenses. But in some cases, an intentional act can be considered a crime as well, if the act involves an injury that interferes with the interests of society.
If you have been injured as a result of someone else’s intentional harm or damage, you should file a claim immediately. Your medical costs and related expenses may be covered. For more information regarding intentional tort and personal injury cases, contact a Denver injury lawyer at Levine Law today.