If you get hurt at the hands of someone else, you may sue them for damages. To build a winning personal injury case, though, you’ll have to find a way to prove both liability and losses. The kind of evidence you must gather to demonstrate fault and the types of damages you’ll be entitled to recover will depend on whether the defendant intentionally tried to harm you or merely did so out of negligence. 

How Do You Prove Intentional Malice?

As the name implies, intentional torts are those that involve purposeful acts. In other words, the liable party set out to cause you damages. Common examples of intentional torts include assault, battery, theft, defamation, and false imprisonment. To win a personal injury claim involving an intentional tort, you must prove the defendant purposely hurt you and knew the potential consequences of their conduct as they were acting.  

How Do You Prove Negligence? 

Motor-vehicle collisions give rise to perhaps the most personal injury claims founded on negligence. Other common causes of this action include medical malpractice, defective products, and slip and fall accidents. To prove the liable party was negligent in any of these scenarios, you must demonstrate that they owed you a duty of care and then breached it. You must also demonstrate how their actions were directly responsible for your injuries and how you incurred actual damages as a result. 

What Kinds of Damages Are Available for Each Kind of Tort?

Plaintiffs who build their suits on the grounds of negligence may seek compensatory damages. These damages aim to compensate them for losses they actually incurred, like medical bills, lost income, property damage, mental anguish, emotional distress, and loss of enjoyment in life. 

Victims who experienced intentional malice may seek compensatory damages, as well. Unlike those who were hurt by someone else’s negligence, though, they may also be entitled to a punitive award. Punitive damages aim to punish the defendant for their behavior and deter such conduct in the future. In the state of Ohio, these damages are capped at twice the compensatory damages, unless the defendant is an individual or small business. In that case, they’re capped at 10% of their net worth, up to $350,000. 

If you want to file a personal injury claim on the grounds of negligence or intentional malice, turn to O’Connor, Mikita & Davidson. With four offices in Cincinnati, OH, this full-service firm helps clients navigate all kinds of legal proceedings. Backed by more than two decades of experience, they assist with everything from estate planning to bankruptcy filings. To view their fee schedule, visit their website, or call (513) 793-5297 to schedule a consultation.