In the legal world, acts that cause injuries to another individual can be classified as torts. But not all torts are the same. For example, some cases may be related to negligence, while others are found to be intentional. While both of these scenarios can involve varying levels of harm, they are treated differently in court. To help you navigate these differences, here is a quick comparison between intentional and negligent torts—and how an experienced personal injury attorney will handle them.

Intentional Vs. Negligent Torts

What Is an Intentional Tort?

When someone commits an intentional tort, they knowingly tried to harm you. To prove intent, a personal injury attorney must show that the defendant not only performed a harmful act but also did so knowing that it would most likely result in damages.  

For example, if a person strikes another and causes severe facial injuries, the act can be seen as intentional. While the individual may not have meant to cause that level of damage, they still performed an action that intended to harm the victim in some measure.

What Is a Negligent Tort?

Negligence usually occurs when someone acts in an irresponsible manner that leads to harming someone else. To prove negligence, your personal injury attorney must demonstrate that the defendant:

• Held a specific duty of care. For example, a truck driver has a duty to maintain a proper lookout and obey all traffic rules.  The trucking company has a duty to train and monitor their drivers’ adherence to safe driving rules.
• Breached their duty of care. If a truck driver runs a red light, he has breached his duty of care.  If a trucking company does not train nor implement safety regulations for their drivers to follow, they have breached its duty of care.
• Caused the plaintiff’s injuries. In the above example, if the truck driver runs a red-light and t-bones a mini van with a family of four directly causing the death of one and injuries to the other three family members.
• Caused quantifiable damages. In order to be recoverable, a negligent truck collision must have caused measurable negligence if the event caused measurable injury or emotional harm to the plaintiff. These damages typically carry a monetary value—such as the cost of surgery to resolve a physical injury, or permanent injury or loss of a loved one and sometimes punitive damages (monetary value awarded to discourage others from being grossly negligent again).

What Are the Possible Outcomes?

Torts are not criminal cases prosecuted by the government to impose fines or jail time to a defendant. They are claims brought up in civil court by the individually harmed party.

If the damages are proven, the defendant (usually through his insurance carrier) may be expected to provide compensation to compensate for the costs of the harm he has caused. 

If another party has harmed you or a loved one, The Law Offices of Adrian L. Falgione will seek the compensation you deserve. Providing personalized legal representation since 1989, this personal injury attorney of Lexington, SC, is recognized for his ability to prepare strong cases, prove negligence or intent, and secure fair award amounts. Visit Attorney Falgione’s office online to learn more about his expertise or call (803) 957-6543 to schedule an initial consultation.