If you sustained physical, emotional, or financial damages due to another person’s actions, you have every right to hire a lawyer and file a personal injury claim. To ensure the best results, you need to understand what umbrella of the law your case falls into. The following guide outlines the differences between negligent and intentional claims, so you can gather the necessary evidence and build a strong case. 

What Constitutes Negligence?

Negligent actions are those that are considered avoidable by any other competent person in a similar circumstance. For example, if you were filing a medical malpractice claim because a doctor failed to properly diagnose an illness, it would be considered negligent if you could prove that another capable doctor would have been able to accurately diagnose the same condition. Similar examples include being attacked by a dog that was allowed off a leash when the owner knew the animal was aggressive or experiencing a slip-and-fall accident when the property manager knew the conditions were dangerous. 

What Constitutes an Intentional Tort?

An intentional personal injury claim may be filed when you believe the person’s actions were deliberate and designed to cause you harm. The most common examples of this type of personal injury claim include slander and defamation. Other more extreme examples may include intentionally assaulting someone or unlawfully imprisoning someone. 

What Types of Damage Can You Recover in Each Case?

In a typical personal injury case in which you suffered from negligence, you’ll typically be able to recover compensation that covers the cost of any associated damages, such as medical care, personal property loss, and lost income. With intentional torts, however, you may be able to seek punitive damages. In this case, you can recover compensation based on what the judge feels your claim is worth, rather than the monetary amount you lost. 

If you need to file a personal injury case, get in touch with the team at Osborne, Tripp & Schmidt in Sparta, WI. Their team is highly experienced in all areas of the law, and they will provide you with the representation and advocacy needed to ensure a favorable outcome in your case. Visit their website to learn more about their team, and call (608) 269-2400 to schedule an initial consultation today.