Typically, personal injury lawsuits stem from negligence. The liable party may have made a careless decision, which in turn resulted in the death or injury of another individual. Although these negligent acts are inexcusable, especially when someone else is harmed as a result, they are usually accidental. The negligent individual may have made a wrong choice, but they did not purposely want to hurt someone else. Intentional torts, on the other hand, are cases that result from someone purposely causing harm to another. This could be an act that wasn’t meant to go as far as it did (i.e. a prank that was meant to be harmless but instead resulted in serious injury), or it could be an act in which someone maliciously planned to hurt someone else.
When it comes to officially identifying and classifying what is considered an intentional tort, this can sometimes be complex, as it may vary by state and there may be various state laws that define intentional torts. Some examples of what could be classified as intentional torts may include, but not be limited to:
- Privacy invasion
- False imprisonment
- Sexual misconduct
- Use of excessive force in an arrest
- A breach of the fiduciary duty of loyalty
- Intentional trespass on real or personal property
These are just some of the many examples of what may be classified as intentional torts. Sometimes, there is a thin line between what is considered an accidental injury and intentional tort, because on the surface, two cases may appear almost identical. However, the defendant’s intentions may ultimately be what defines a case as an accident, or intentional. Let’s take a car accident as an example. Car accidents happen all the time and for different reasons. Sometimes, negligent drivers are to blame. They might be speeding or distracted while driving, and these negligent actions cause a devastating accident that kills another driver. While the negligent driver was certainly in the wrong and a lawsuit may result, he or she did not intend to or plan to kill anyone. An intentional tort involving a car accident, on the other hand, may involve a driver who intentionally kills someone else with their car. This could be an act of road rage, a planned action against someone they know personally, and so on. The bottom line is that in this case, it was not an accident, and the victim’s family may be able to pursue an intentional tort case.
Because of the nature of many intentional tort cases, the majority of them are criminal cases as well, and the defendant may also be facing criminal charges as a direct result of their actions. In fact, out of all the different acts that may be classified as intentional torts, battery is the most common intentional tort. This can include any level of unwanted physical contact, including stabbings, shootings, use of aggressive force, assault, unwanted sexual conduct, and so on. There have also been reported cases of intentional torts involving doctors, but most of these cases actually involved battery, including physical harm and attacks, rather than scenarios that would be classified as medical malpractice.
Determining whether a specific case is accidental and would be classified as a standard personal injury lawsuit or an intentional tort can be somewhat complex at times, but your attorney will know the best course of action to take. If you are currently working with an attorney on an intentional tort lawsuit, you may have a lot of questions about how the process works, including how long it will take to finalize. After all, most plaintiffs are eager for the process to wrap up, and it can be easy to understand why. With intentional torts, many of these cases can be traumatic overall and can cause a significant amount of mental anguish, in addition to the physical pain that was inflicted.
As your attorney works hard at finalizing your case, USClaims is standing by and ready to help you receive your money sooner with a lawsuit advance. Also known as pre-settlement funding, this is an option available to most plaintiffs, depending on the details of their specific case. The great thing about pre-settlement funding is that it can give plaintiffs the money they need to take care of bills and expenses, some of which may have resulted directly from the incident that led to the lawsuit to begin with. Essentially, it is the opportunity to receive settlement money sooner, rather than later. This gives your attorney the opportunity to concentrate on getting the best possible outcome for your lawsuit, while also giving you the money you need and without the wait. It is usually a win-win situation for everyone, and the best part is, you don’t owe us anything if your lawsuit ultimately doesn’t settle. Contact USClaims to learn more about the pre-settlement funding process and to get started!