When most people think of personal injury cases, they think of car accidents, motorcycle crashes, and other types of injuries caused by another person’s negligence. But if someone intentionally hurt you, the law says you deserve the same legal help and compensation as someone who was harmed by an accident.
If someone’s intentional actions hurt you physically, emotionally, or through other means, you have legal options. If you find yourself in this situation, you may be eligible to file an intentional tort claim.
What Is a Tort?
“Tort” is a legal term that means a wrongful action (or, sometimes, a failure to act) that causes harm to another person. However, not just any type of wrongful act amounts to a tort; the act must be a civil wrong under the law.
For example, being rude to someone is an act most people would consider wrong, but it’s not a tort because there’s no law against rudeness — which means you can’t file an insurance claim or lawsuit over it. However, punching someone in the face is a tort because there are laws against physical battery.
Understanding Different Types of Intentional Tort Cases
Intentional tort cases happen when one person harms another on purpose. These cases are different than other types of personal injury cases, which mainly deal with how reckless or negligent actions caused a victim harm. In intentional tort cases, someone deliberately hurt you or a loved one.
Types of acts that may lead to intentional torts cases include:
- Assault and battery
- Wrongful imprisonment
- False imprisonment
- Fraud, deceit, or false statement
- Conversion (taking or using someone’s property without their consent)
- Severe emotional distress
How Intentional Tort Cases Differ From Criminal Prosecution
Many people don’t understand the difference between civil cases and criminal cases. When someone commits a criminal action that harms you, the state will prosecute that person to punish them for their actions. The process of criminal prosecution may give you a sense of closure and justice if it succeeds, but it won’t necessarily provide you any financial compensation to help recover from your injuries — unless the court also orders restitution. And even if restitution is ordered, you may not get full compensation. To ensure full compensation, you’ll need to pursue a civil case against the person who hurt you.
Intentional tort claims are a type of civil claim, so they can provide financial compensation for injuries. One mistake many victims make is waiting until the criminal trial is over to pursue their intentional tort case. Not only does this delay the civil legal process, but it can also cause the statute of limitations to expire for your civil case. The criminal and civil cases for an intentional tort can and often do unfold at the same time, so there’s no reason to wait to contact an attorney and get the civil case moving.
The Biggest Consideration in Intentional Tort Civil Claims
The point of filing a civil claim for an intentional tort is to seek money damages that will compensate you for your injuries. Before you file a claim, you need to make sure the potential defendant has money or assets to pay a judgment. Unfortunately, insurance coverage rarely applies to intentional torts. So, you don’t want to pursue a civil claim and spend lots of time and money, only to get a result that’s worthless — and if there’s no insurance coverage and the defendant has no money or assets, that’s exactly what will happen. To avoid wasting your time, you should work with an experienced attorney who can investigate the claim and look for assets or potential insurance coverage.
Domestic Violence Is a Type of Intentional Tort That’s All Too Common
Domestic violence cases exist at the intersection of family law and intentional tort cases. Many domestic violence cases involve intentional torts like assault, wrongful imprisonment, and severe emotional distress. If you and your family have been suffering because of someone else’s abusive behavior, you need an attorney on your side who can help you put your life back together, get justice, and find peace. This process may include filing for a domestic violence protective order, taking urgent measures to make sure your children are safe, and initiating the divorce process and related legal claims.
At Myers Law Firm, we have years of experience handling intentional tort and family law cases, and we’ve successfully secured compensation and justice for victims of domestic violence. Please don’t hesitate to reach out to us if you are in trouble and need help.
Did Someone Intentionally Harm You in Charlotte, North Carolina? Don’t Wait to Contact Myers Law Firm
At Myers Law Firm, we take our responsibility to represent injured victims seriously. If you were victimized and need help finding justice and closure, please don’t hesitate to reach out to us. Our experienced team of personal injury lawyers and family law attorneys has decades of experience helping victims like you fight back and recover.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.