Under personal injury law, victims of both negligent and intentional torts are entitled to seek compensation. Both kinds of torts refer to wrongful acts that harm people and/or property, but the similarities essentially end there, especially as they pertain to the claims process. Here’s what you should know about the biggest differences between the two if you were hurt at the hands of someone else. 

Building a Claim Founded on Negligence

Negligence refers to a breach of duty. As such, plaintiffs who file on the grounds of negligence must prove that the defendant owed them a duty of care in the first place. They must also prove that they were hurt as a direct result of the breach and that they incurred actual damages because of their injuries. 

Motor-vehicle collisions, slip and fall accidents, and medical malpractice are some of the most common scenarios that warrant claims based on negligence. Getting behind the wheel while impaired would be considered a breach of duty, for example, as would deviating from the most widely accepted standard of care when treating a patient. 

Building a Claim Founded on Intentional Misconduct 

Intentional misconduct refers to purposely setting out to cause harm. Assault and battery is perhaps the most common example of an intentional tort. In order to build a winning personal injury claim following intentional misconduct, you must prove the defendant was actually trying to hurt you and knew the potential consequences of their actions.

Naturally, proving intent tends to pose a few more hurdles than proving negligence, which merely requires a preponderance of evidence. With a resourceful legal team, though, you should still be able to build a strong case. 

Recoverable Damages 

Regardless of whether your claim involves a negligent or intentional tort, you can seek both economic and non-economic damages by filing a personal injury claim. Known as compensatory damages, such losses include everything from medical expenses and lost wages to mental anguish and emotional distress. 

In many cases, victims of intentional torts are also entitled to punitive damages. The state of Ohio allows for punitive awards when the defendant’s conduct constituted malice, fraud, insult, or oppression. 

If you think you have grounds for a personal injury claim on the basis of negligence or intentional misconduct, turn to Ohio’s Agee Clymer Mitchell & Portman. With eight offices and 11 knowledgeable attorneys, they're equipped to resolve a broad range of legal disputes. To explore all their areas of expertise, including medical malpractice, workers’ compensation, and Social Security disability, visit their website. To request a consultation, call (614) 221-3318.