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What's the Difference Between a Negligent and Intentional Personal Injury Claim? July 18, 2019

Elko, Elko
What's the Difference Between a Negligent and Intentional Personal Injury Claim? , Elko, Nevada

In the legal system, a personal injury claim is divided into two types: negligent or intentional. Both claims can provide you compensation for the injury you’ve suffered. Knowing the difference will help both you and your attorneys devise the best legal strategy to ensure justice is served.

Personal Injuries & Damages 

Negligent Injury

Negligent personal injury claims are the most common. This is often seen in car accidents, slip and falls, dog bites, and medical malpractice cases. For your negligent personal injury claim to move forward, four factors must be proven true. 

The first is Duty of Care, where the person at fault didn’t intend you harm but was responsible for your safety. Second, it needs to be proven that their action or inaction could’ve prevented the accident. Next, your injuries need to have directly resulted from their negligence. Finally, you have to prove that your injuries require compensation.

Intentional Injury

Personal injury claimFor intentional personal injury claims, the defendant must act with the specific purpose to harm. These are commonly seen in assault, battery, and false imprisonment cases. However, you don’t need to have been injured for your claim to move forward. An intentional personal injury claim can be made in cases where you were threatened. A claim can also be filed if the defendant caused a physical confrontation, but you weren’t harmed.

Calculating Damages

Personal injury claims are handled in civil courts where damages are rewarded to the harmed individual. There are two types of damages: compensatory and punitive. Compensatory damages are financial and commonly sought in negligent personal injury claims. They’re meant to replace what you lost while you were injured. This includes medical bills, lost wages, and an amount for your pain and suffering.

Intentional personal injury cases are different. Punitive damages can compensate you up to three times the amount awarded in negligent damages. They can also include the cost of therapy. However, since the act was intentional, the defendant can be prosecuted in criminal court as well.      

 

Whether your injury was caused intentionally or due to negligence, your personal injury claim should be taken seriously. For representation who will treat your case with the importance and compassion it deserves, reach out to Kidwell & Gallagher LTD. For 20 years, they have provided their legal services throughout Nevada. For their devotion, they were presented with the “Top One Percent” award from the National Association of Distinguished Counsel. For information on their personal injury and workers compensation services, visit their website. To schedule a free consultation or case evaluation, call them at (775) 738-1000.

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