A tort is a civil wrong that causes quantifiable damages and warrants legal action in the form of a personal injury suit. There are three main kinds of torts—negligent, intentional, and strict liability. Most personal injury claims are filed on the grounds of either negligence or intentional malice. If you’re trying to determine whether you should proceed with a negligent or intentional case, here’s what you should know about the major differences between the two. 

3 Key Differences Between Negligent & Intentional Torts

1. Burden of Proof

To win a case on the basis of negligence, you must prove that the opposing party owed you a duty of care and then proceeded to breach said duty. This duty might have been implied, as it is among all motorists on the road, or it might have been formally established, as it is between a doctor and a patient. To win a case on the basis of malice, on the other hand, you must prove the opposing party intentionally set out to hurt you, or at least knew their conduct was likely to cause serious injury. 

2. Recoverable Damages  

Accident victims who were hurt because of someone else’s negligence may seek compensatory damages during the claims process. In the state of Ohio, such damages include both monetary losses like medical bills and lost wages and nonmonetary losses like pain and suffering. 

Individuals who were hurt because of someone else’s malice are entitled to compensatory damages, as well; however, their case may also warrant a punitive award. Ohio courts order punitive damages when the defendant’s conduct constituted malice, fraud, or oppression. 

3. Criminal Proceedings

Whereas negligent torts are solely civil matters, intentional torts can end up in criminal court. Should your case involve a criminal element, you may have to testify as a witness. However, the criminal proceedings are independent of any civil proceedings. Additionally, since their burden of proof is much higher, you may still be entitled to damages even if the defendant is not convicted.

The compassionate attorneys at Gregory S. Young Co., L.P.A. know how devastating unanticipated injuries can be. If you were hurt because of another party's negligence or intentional misconduct, let their personal injury team help you achieve justice. Based in Cincinnati, this firm was founded in 1958 and has been representing clients throughout Ohio and Kentucky ever since. Because disaster can strike at any time, their personal injury lawyers are available 24/7 to take your call. To schedule your free case evaluation, complete the form on their website or call (513) 721-1077.