When you sustain an injury because of another person, you may decide to file a personal injury claim depending on how severely you were hurt. These claims seek compensation for financial losses due to medical expenses, missed workdays, and emotional distress. Known legally as torts, or wrongful acts resulting in bodily or property harm, personal injury claims fall into two categories: negligent and intentional. Here are the differences between the two.
Negligent vs. Intentional Personal Injury Claims
Negligent-based claims are those where the individual at fault did not intentionally harm the victim. Instead, the injury occurred because the person did not do their part to “exercise reasonable care” and avoid damages. A driver who hits another vehicle because they were hurrying instead of following the rules of the road is a common case of negligence. Another example is a tree branch injuring a person walking down the street. The property owner may not have requested timely trimming services.
To receive compensation for a personal injury negligence case, you must prove a breach of duty, or failure to act to prevent damages. You must also show proof of damages, such as lost wages and medical bills. Most personal injury cases fall under the negligence category and are covered by insurance. Proof of injury allows you to request compensatory damages, or financial compensation replacing what you lost, such as wages and money from medical expenses.
While negligence clauses are part of most home and auto insurance policies, intentional harm is not. Intentional torts, or when a person intentionally harms another, are considered malicious acts. Examples of intentional torts include assault and attempting to injure another individual without causing bodily harm. Battery is an intentional tort involving harmful or offensive contact. Other examples include trespassing on land or property, as well as false imprisonment and theft. False imprisonment refers to the intentional holding of another person without legal grounds.
Intentional torts require you to provide proof of malicious intentions, such as threatening text messages or voicemails to receive punitive damages. In addition to providing you with a monetary sum, this type of compensation is also designed to punish the defendant and prevent the individual from committing similar offenses in the future.
If you have a personal injury claim you want to file, contact Neimark & Neimark. This law firm focuses exclusively on these cases to provide residents throughout New York’s Orange and Rockland counties with the compensation they deserve. Call the law firm at (888) 725-7424 to schedule a free consultation, or visit the attorneys online for more information.