Personal injury claims are governed by tort law, which allows victims to seek compensation when they’ve suffered harm because of someone else’s careless or malicious behavior. Negligent and intentional torts are two distinct types of actions. While they’re both based on wrongful acts committed by one party against another, the way they’re proven and the available damages vary. If you’ve been injured, it’s important to know the difference, so you can strategize a successful recovery.

Negligent Torts

The majority of personal injury claims arise from negligent torts. Negligence occurs when an individual or entity fails to act in a reasonable manner to prevent hurting someone else. Car accidents, slip-and-fall injuries, product liability, and medical malpractice are examples of cases that would fit into this category.

To win a negligent-based tort claim, the injured party must prove that four elements exist. First, it must be established that the defendant owed the victim a duty of care to keep them safe. Next, there needs to be evidence that the defendant breached this duty by failing to act as safely as they reasonably should have.

The third aspect involves demonstrating how the defendant’s actions directly caused the victim’s injuries. Finally, the victim must show they incurred damages as a result of what happened.

Intentional Torts

Conversely, intentional torts are those that occur when one person commits wrongdoing on purpose with the intent to physically and/or emotionally harm another. These types of personal injury cases may include assault, battery, false imprisonment, and defamation.

Proving an intentional tort claim requires evidence that the defendant intended to act in a harmful manner. In turn, this means the defendant’s state of mind needs to be taken into account. Victims must also show that the defendant was the one to actually commit the wrongdoing and that this misconduct led to their injuries.        

Recoverable Damages

Negligence torts are typically compensable with economic and non-economic damages. These include a range of losses, such as medical bills, lost wages, property damage, future earnings loss, pain and suffering, and any other out-of-pocket costs the victim incurs.

Punitive damages, which are meant to punish the defendant, may be awarded in rare cases where the negligent act is considered to be especially reprehensible.

Compensation tends to increase with intentional torts since the defendant acted on purpose. There’s also a greater likelihood of the victim receiving punitive damages.

If you believe another party should be held liable for injuries you’ve sustained, turn to the attorneys at Goddard & Hammontree LLC in Dalton, GA, to discuss your legal options. They’ll thoroughly evaluate your case and help you understand your rights. Backed by nearly 60 years of combined experience, this firm is qualified to handle a variety of personal injury claims and will provide the most effective representation for maximizing your compensation. Call (706) 278-0464 to schedule a consultation or visit them online to learn more about their areas of practice.