If you’re injured by another person, the legal system classifies this under torts: wrongful acts that injure a person or their property. Torts are divided into negligent or intentional acts. In addition to working with a reputable lawyer, the following will help you understand the basics of your personal injury claim. 

What Is a Negligent Personal Injury Claim?

For a tort of negligence, your lawyer will claim that the defendant’s behavior fell below the duty of care, which means they didn’t act in a reasonably safe way that you’d expect from others in the same situation.

An example of negligence is a driver disregarding traffic laws and causing an accident. The defendant didn’t intend to do harm but is still held accountable for not being cautious enough. 

What Is an Intentional Personal Injury Claim?

In these cases, the defendant intentionally caused harm to the claimant. Battery is an example of an intentional claim; it involves harmful contact and applies even if an injury doesn’t occur. 

Defamation is another example and applies in situations where the defendant says something with the intention of damaging the reputation of another person or organization. Libel and slander are two types of defamation. Libel is defamation expressed through writing, whereas slander is expressed verbally. 

How Do Damages Differ?

Damages available for intentional torts tend to be more generous than for negligent torts. If the lawyer proves wrongful intent, you may receive damages such as compensation for medical expenses, pain, and lost wages. Intentional cases may also include punitive damages to discourage people from causing intentional harm in the future.

To receive damages for negligent torts, your lawyer will have to prove you were harmed as a result of the defendant’s reckless behavior. As a result, you may receive either compensatory or punitive damages. Like in intentional torts, punitive damages are meant to punish the defendant and thus discourage future reckless behavior. Compensatory damages cover expenses that the claimant incurred as a result of the incident. 

Achieve justice for your personal injury claim with D'Agosto & Howe LLC in Shelton, CT. This firm provides superior legal representation with their extensive experience and thorough knowledge of the law. They speak directly to clients when they call and maintain open communication throughout the legal proceedings. In addition to personal injury claims, they handle workers’ compensation cases and family law issues. Call (203) 538-9026 to schedule a consultation, or learn more about their practice areas online.