Personal injury is a common area of law in which one person can seek retribution from another party due to harm that they caused them. While each of these cases involves at least one victim and one at-fault party, the nature of the harm can vary. Specifically, some cases may be negligent, while others are intentional. To help you make an accurate claim, here’s what you should know about the differences between negligent and intentional personal injury.

What Is Negligent Personal Injury?

To prove negligent personal injury, there must be evidence that the at-fault party exhibited carelessness that resulted in harm. Carelessness is defined as a person’s inability to maintain a reasonable sense of duty or responsibility in a specific situation.

For example, slip-and-fall accidents are considered negligent when property owners or employees failed to secure a safe environment for the public. Medical malpractice can also be a form of negligent personal injury, as a doctor did not meet the standards expected from a trained health care professional. 

What Is Intentional Personal Injury?

Intentional personal injury refers to cases in which the at-fault party meant to harm the victim. In these cases, there must be evidence to support that there was intent apart from self-defense measures.

Common forms of intentional personal injury include assault and battery—such as when a person hits another with the expectation of hurting them. False imprisonment—or wrongfully holding someone against their will without legal authority—can also result in intentional injuries.

How Do Negligent & Intentional Personal Injury Damages Differ?

In either negligent or intentional cases, the victim must have demonstrable damages associated with their injury to make a claim. These damages may include costs related to injury care, emotional distress, and inability to work. The burden of payment, however, is different for negligent and intentional cases.

In a negligent case, an at-fault party is only responsible for their share of damages. For instance, if two parties caused a car accident, they would only be instructed to pay whatever share of the incident they were thought to cause.

In an intentional case, the at-fault party must pay all of the damages proven on behalf of the victim. If multiple parties had a shared involvement in damages, any overpayment may be refunded after processing.

If you’re seeking damages for any type of personal injury claim, work with an attorney who understands this aspect of law. Serving the Galesburg, IL community, Skinner & Associates, L.L.C. will review your case to determine if you qualify for negligent or intentional injury. Providing representation at every step of the process, this team will also assess your damages thoroughly to ensure you receive fair retribution. As a firm that works on a contingency basis, you also won’t have to worry about paying fees unless your case results in payment. To learn more about these services, visit this local attorney online or call (309) 343-9964.