Personal injury claims have classifications of either negligent or intentional. Harmful conduct that leads to injuries is called a tort, and the claim that you file depends on the type of tort that applies to your case. Here’s a comparison between torts that involve either negligent or intentional acts.

Guide to Personal Injury Claims

What Does Negligent Tort Mean and How Is It Proven? 

Negligence is the failure of an individual to employ reasonable care. Most personal injury claims stem from negligent torts, which means the defendant didn’t intend to hurt someone. However, this doesn’t excuse the defendant from taking responsibility for reckless or careless behavior. A typical example of negligence-based tort is an auto accident where the driver didn’t mean to hit you.

To prove negligence, you must show that the following four elements exist:

• The defendant was in a situation that required the exercise of reasonable care.

• The defendant failed to fulfill the duty to act carefully.

• This failure resulted in harm or injury to another person.

• The victim suffered damages because of the incident.

Once you establish the existence of these four elements, you are likely to win the personal injury case.

Why is Intentional Tort Different? 

A negligent tort is when someone acted carelessly, while the intentional tort happens when someone purposely caused another person’s injuries. Familiar examples of intentional torts include kidnapping, assault and battery, defamation, and fraud. To prove an intentional tort case, you must show that the defendant intended to cause you injury or harm and that they were aware of the consequences. 

The Difference in Potential Damages

Since tort cases are civil cases, you should file a civil lawsuit when seeking damages. This process means that you are asking for compensation, but are not out to punish the defendant. The type of tort you are asserting will affect the damages you will receive. The compensation available for negligence torts includes lost wages, medical expenses, recovery for emotional trauma, and pain and suffering. Damages for intentional torts are typically the same but are more comprehensive and generous. Also, criminal charges may be brought against the defendant if the conduct was malicious or wanton.

Filing the proper claim can be the difference between winning and losing a case in a court of law. Let an experienced personal injury attorney like Michael D. Doyle, Attorney At Law in Elyria, OH, handle your lawsuit to ensure you get the best outcome. For decades, he and his team have been providing legal representation for criminal law, bankruptcy, car accident, and DUI/OVI cases. Call his office today at (440) 323-0001 to schedule a consultation, or visit his website to learn more about their services.