If injuries result from another person’s actions or negligence, compensation is often sought. When going through this process, the type of claim filed and the damages that can be recovered depend on how the injury occurred. In personal injury law, there are clear designations between negligent and intentional claims.

Negligent Claims vs. Intentional Claims

Negligent Claims

They are often the result of accidental events, like car accidents, slip and fall incidents, or medical malpractice errors, where the person held responsible didn’t intend to injure anyone. To prove a personal injury claim under the negligence theory, it must be shown that a person or entity owed a duty of care to you, such as a driver owes to others on the road or a doctor owes a patient. The individual must have breached or violated their duty and caused a physical injury as a direct result of the breach, and monetary loss must result from the injury. 

Intentional Claims

They are the result of acts completed by individuals on purpose that were intended to harm someone, and they are often criminal. These include battery or false imprisonment, such as when a suspected shoplifter is unlawfully detained.

Personal injury law allows compensation for intentional acts of defamation. These include someone making false statements orally (slander) or in writing (libel) that injure a business or personal reputation. To prove an intentional claim, it must be shown that someone acted knowingly or with a reckless disregard for the likelihood of causing harm.  

Damages

Both types of claims allow you to recover damages, including lost wages, income or profits, medical expenses, property damage, and pain or suffering. Intentional acts, including injury to reputation, may include punitive damages to punish the wrongdoer and deter them and others from participating in such conduct in the future. 

If you suffer personal injury due to someone’s negligent or intentional acts, consult Hackworth, Ferguson & Thompson in Piedmont, MO. Established in 1973, this well-respected law firm includes four law partners and two certified paralegals, all dedicated to providing top-quality services to each client. Whether you need representation for a claim under personal injury law or a family or criminal law matter, this team is equipped to help. Visit their website to contact them online or call (573) 223-4247 to schedule a confidential appointment.