Personal injury attorneys often represent individuals who have experienced a wrongful act that injured them or their property. When meeting with an accident law firm, you’ll explain the incident so your attorney can determine whether your claim is one of negligence or an intentional tort.

How Is a Negligent Claim Proven?

A negligent personal injury claim is proven by adhering to four elements. Your attorney will have to demonstrate duty, causation, breach, and damages.

Duty is essentially one’s legal responsibility to another individual. While you may not be legally obligated to be kind to someone else, you do have a duty to act with care to prevent physical harm. Causation is demonstrating that the defendant's actions injured the plaintiff.

Breach is the practice of proving that the defendant failed to fulfill their duty of care. Lastly, damages must be proven to show that the plaintiff suffered monetary losses in the form of medical bills and lost wages. 

An example of a negligent personal injury claim would be an erratic driver failing to stop at a stoplight and hitting another vehicle. For the driver in the other vehicle to win a negligence claim, their personal injury attorney will have to prove the defendant was driving recklessly and injured the other driver due to their carelessness. They’ll also need to verify that the defendant was obligated to drive safely and that the plaintiff suffered physical harm and a financial burden due to the accident.  

How Do Intentional Personal Injury Claims Differ?

Intentional personal injury claims differ based on the defendant’s state of mind. If another individual performed an act on purpose with the intent of harming you, it’s known as an intentional tort. Examples of intentional torts include battery, assault, trespassing, theft, and false imprisonment. 

How Are the Damages Different?

Both negligent and intentional personal injury cases are civil proceedings that do not require a criminal defense. Your personal injury attorney will represent you in hopes of winning damages or a financial sum to offset your medical expenses, lost wages, or pain and suffering.

Intentional personal injury damages are often more robust, as they can include punitive damages to deter the defendant from resorting to such acts in the future. 

Are you looking for a dedicated and experienced personal injury attorney to represent your best interests in court? If so, Anderson Law Firm can help. Based in Texarkana, TX, attorney Darren Anderson and his team of accident law professionals have served clients throughout Arkansas and Texas for over two decades. To schedule an appointment to discuss your case, call (903) 792-1229. For more information on their specialties and personalized approach, visit their website.