Share:

If another person injured you, that person's actions were likely either negligent or intentional. In the language of a personal injury lawyer, these are called torts: wrongful acts that injure or damage another person's body or property. When you file an injury claim against the responsible party, the type of tort determines its course through the legal system and the financial damages available to you. Below, learn about some of the differences between negligent and intentional torts.

Negligent Torts

A negligent act is the result of carelessness—a violation of the accepted standards of safety that everyone must implicitly follow. A person who commits a negligent act does not intend to cause injury or behave in a way that is dangerous to others.

To prove negligence, four factors must be met. First, there must be a duty of care, or a standard way of behaving in the given circumstance. Second, the defendant must have violated that duty. Third, the defendant's actions—or inaction—caused the plaintiff's damages. Fourth, the plaintiff must have suffered quantifiable damages.

personal injury lawyerFor example, say Driver A misses a stop sign and hits another vehicle, which is operated by Driver B, and Driver B experiences an injury as a result. Driver A breached their duty to follow the rules of the road, and when they ran into Driver B's car, Driver B sustained an injury from the collision and required medical treatment. In this case, all four points to prove negligence are established.

Intentional Torts

An intentional tort is committed by someone who purposely sets out to injure another party. These are not mistakes or errors in judgment; they are deliberate acts of harm.

Examples of intentional torts include assault and battery, theft, trespassing, and false imprisonment. Defamation is a type of intentional tort that can injure another person's reputation or character; slander is spoken defamation, while libel is written or published defamation.

Differences in Damages

Both negligent and intentional torts are heard in civil court. Intentional torts might also come with criminal charges against the defendant, but these charges are deliberated over in separate criminal proceedings.

In general, damages for intentional torts come with the potential for higher dollar amounts. Still, negligent torts can be awarded generous damages, including compensation for the injury's exact costs. These can include medical bills and lost wages, as well as punitive damages, which are additional awards if the defendant's negligence was especially egregious. Your personal injury lawyer will work to get you the highest compensation amounts possible.

 

When you need assistance navigating a claim, a personal injury lawyer is your most significant ally. Arndt Buswell & Thorn S.C. has been serving western and central Wisconsin since 1991. They offer representation in injury cases, bankruptcy claims, family law issues, and other legal matters. Call (608) 269-1200 to schedule a consultation with a personal injury lawyer, and explore their practice areas online.

tracking