Most personal injury cases involve a tort, which is the legal term for any act that’s committed by one person and causes harm to another. When filing a personal injury claim, it’s necessary to establish whether the tort was a result of negligence or intention. Here is a brief overview detailing the differences between these two types of claims.

What Are Intentional & Negligent Personal Injury Claims

Intentional personal injury claims seek to hold people responsible for acts that were intended to cause harm to another person, such as assault, battery, and theft. While most intentional torts are criminal acts and often tried in criminal court, victims often turn to the civil justice system to collect compensation for the damages they experienced. 

When a personal injury claim is based on negligence, it means that the person who committed the harmful act did so out of carelessness. They did not intentionally set out to cause an injury to another person. A car accident is a common example of a negligent tort, particularly when it occurs as a result of one driver’s failure to abide by traffic rules. 

How Are Damages Awarded?

Victims of negligent torts commonly seek compensatory damages to cover losses and expenses incurred as a result of their injury, including medical bills, lost wages, and general pain and suffering. Intentional tort victims, on the other hand, are awarded punitive damages. These settlements typically result in a much larger sum of money, as they are intended to explicitly punish the defendant for the purposeful act of harm they carried out—not simply reimburse costs.

If you’ve been the victim of an intentional or negligent tort, contact Ibold & O'Brien. For nearly 40 years, these seasoned attorneys have been helping Ohio clients throughout Geauga, Lake, Ashtabula, and Cuyahoga counties file personal injury claims and seek the damages they deserve. To schedule a consultation, call (440) 285-3511, or visit their website to learn more about their practice areas.