August 9, 2018

What Are Intentional Torts?

Mark Thomas

Establishing intent is a critical factor in personal injury cases. The circumstances related to the intent to cause harm impacts the outcome of your case and the compensation you may receive. Unlike the damages resulting from negligence, intentional torts lead to larger compensation in order to deter society as a whole from committing acts of harm towards others. Working with an experienced personal injury attorney who understands intentional tort law helps you obtain compensation for punitive damages and the losses you may have suffered.

Torts in Georgia

Georgia law defines a tort as the violation of one’s legal rights outside of a breach of contract. It consists of a violation of one’s public duty that causes damage and harm to another person. It can occur from an action taken by another party or by an omission that results in injuries and other damages. An injury is defined as the invasion of the other party’s individual rights. Harm is defined as the losses that the victim has suffered as a result of a tort. The purpose of tort laws is the provide compensation for victims in cases involving personal wrongdoings. This is distinct from criminal acts, which are viewed under Georgia law as wrongful actions taken against the state and society. Tort cases must demonstrate a duty of care that one has towards the other party along with the breach of that duty. You must also demonstrate the damages that occurred as a result of that breach of duty as well as the relationship between the breach and the injuries or harm that were sustained.

What are Intentional Torts?

Intentional torts occur when one person acts in a deliberate manner in order to cause injury to another party. Your attorney can help you determine the legal rights and duties that relate to your case. Intentional torts can result in physical injuries as well as damage to personal property. Physical injuries include those resulting from assault or battery, emotional distress, wrongful death, defamation, and false imprisonment. In some cases, the defendant may not have intended to cause harm despite intentionally committing the act. But intentional tort laws apply to cases regardless of the intent to cause harm. Only the intent to commit the act is required. You and your attorney must gather and submit the evidence that supports your claim and will result in a larger compensation award.

Recovering From Intentional Torts

If you’re the victim of an intentional tort, your personal injury attorney can help you receive compensation for damages that include lost wages, medical bills, and the loss of earning capacity among others. Some torts may also be viewed by the courts as criminal acts. This can allow your case to be tried in both civil and criminal courts. There’s a lower burden of proof in civil lawsuits, increasing your chances of getting the compensation you deserve. Your attorney will evaluate the facts related to your case and help you develop an effective legal strategy. In addition to financial compensation, a skilled personal injury lawyer can help you obtain injunctions and restitution, which may also be granted in tort lawsuits. Pain and suffering and punitive damages may also be applied depending on other factors. Understanding intentional torts and legal strategies that can result in compensation for damages is the first step. Demonstrating a breach of duty and its damages helps you navigate the legal process and get the compensation you need to recover from injuries and damages.