In many personal injury claims, the plaintiff will rely on negligence to establish fault after an accident. However, in some cases, the attorney may argue that the defendant acted purposefully. The legal implications vary between the two options, so it’s important to understand the differences. Here’s what you need to know. 

Negligence 

In a negligence case, the plaintiff must prove a number of elements. First, an attorney needs to show that the defendant failed to take the necessary precautions and meet a reasonable level of care. For example, a motorist is required to operate a vehicle with care, including paying attention to weather conditions and traffic. 

Second, the plaintiff must establish how the defendant failed to take reasonable care. In other words, what did the defendant do to lead to the injuries? In the case of a road collision, an attorney may bring witness testimony or show vehicle damage as proof. Finally, the lawyer needs to demonstrate that the plaintiff suffered damages or an injury due to the accident. For example, they may present medical bills, documents pointing to lost income, or evidence of property damage. 

Intentional Torts

A personal injury case is considered intentional when the defendant purposefully injures the plaintiff. For example, the former may have assaulted, kidnapped, falsely imprisoned, or defamed the latter. 

In both negligent and intentional claims, the plaintiff can win financial compensation for damages, such as pain and suffering, medical expenses, and trauma. However, when the defendant acted purposefully, they will usually need to pay the plaintiff more money. Additionally, the former may be brought to court with criminal charges, as well. 

If you’re involved in a personal injury case, contact Andrews & Pontius, LLC. Serving Ashtabula County, OH, they’ve been fighting for their clients’ rights since 1999. In addition to being reliable and dedicated, they give personalized attention to each client, keeping their specific situation in mind. Their caring and dependable attorneys will walk you through every step of the legal process, answering your questions and meeting your needs. To learn more about their services, call (440) 998-6835 or visit their website.