Attorney Brian White Personal Injury Lawyers | June 11, 2025 | Personal Injury
Personal injury law in Texas covers many types of accidents and harmful behavior. Some injuries happen because someone wasn’t careful (this is called negligence), while others happen because someone meant to cause harm (this is called an intentional tort).
The difference between these two matters in court because it changes how the case is handled and what kind of money you might get if you win. Continue reading to learn more.
What Is Negligence?
Negligence is the most common basis for personal injury lawsuits. It occurs when someone fails to act with reasonable care, and that failure causes harm to another person.
To succeed in a negligence claim in Texas, you must prove four elements:
- Duty of care: The defendant had a legal obligation to act with reasonable care.
- Breach of duty: The defendant failed to meet that standard.
- Causation: The breach directly caused your injury.
- Damages: You suffered measurable harm, such as physical injury or financial loss..
Examples of negligence include:
- A driver running a red light and causing a crash
- A store failing to clean a spill, resulting in a slip and fall
- A dog owner letting their pet run loose in a park
- A landlord ignoring broken stairs that cause a tenant to fall
The key feature of negligence is that the harm was unintentional but preventable.
What Is an Intentional Tort?
An intentional tort occurs when someone deliberately causes harm or engages in conduct they know is likely to result in harm. Unlike negligence, intent matters. The injured party does not need to prove carelessness. They must prove that the defendant acted on purpose.
Common intentional torts include:
- Assault: Threatening or attempting to cause physical harm
- Battery: Making harmful or offensive physical contact
- False imprisonment: Unlawfully restraining someone’s freedom
- Intentional infliction of emotional distress: Causing severe emotional trauma through outrageous conduct
- Trespass: Entering someone’s property without permission
These acts often involve police reports and may overlap with criminal charges, but victims can still file civil lawsuits to recover damages.
How the Legal Process Differs
Negligence and intentional tort cases follow different paths, especially regarding evidence and damages.
Some of the differences include:
- Burden of proof: In both claims, the standard is a “preponderance of the evidence.” However, proving intent is typically more complicated than proving carelessness.
- Insurance coverage: Most insurance policies, including auto and homeowners insurance, exclude intentional acts. That means a victim of assault may need to pursue the defendant’s personal assets.
- Criminal vs. civil: Intentional torts may also lead to criminal prosecution, but the outcome of a criminal case does not determine the outcome of a civil lawsuit. Civil and criminal courts operate independently.
- Availability of punitive damages: In Texas, punitive damages are rarely available in negligence cases. However, courts may award them in intentional tort claims to punish especially harmful behavior.
Understanding these differences can help you and your attorney choose the best legal approach for your case.
Can an Act Be Both Negligent and Intentional?
Some situations involve overlapping elements. Texas courts examine the facts carefully. The distinction affects the potential outcome of the case. If intent is proven, the victim may be eligible for additional compensation.
Examples of Negligence vs. Intentional Torts in Houston
To better understand how these claims differ, consider the following examples:
- Car accident: A driver distracted by their phone who causes a rear-end crash is negligent. A driver who rams another vehicle during road rage may be liable for an intentional tort.
- Workplace injury: A construction company that ignores safety rules and causes a fall may be negligent. A supervisor who punches an employee during a dispute has committed battery.
- Retail store: A store owner who fails to mop up a spill may be negligent. A security guard who tackles a shopper without cause may be liable for false imprisonment or battery.
Each scenario presents different legal challenges and damages.
Filing Deadlines in Texas
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the injury. This applies to both negligence and intentional torts. Failing to file within that window can result in the case being dismissed, no matter how strong the facts are.
There are limited exceptions, such as cases involving minors or defendants who flee the state. It’s critical to act promptly and speak with an attorney who can assess the timeline and preserve your right to sue.
Damages Available in Each Type of Case
Both negligence and intentional tort claims allow victims to recover compensatory damages, including:
- Medical bills
- Lost income
- Pain and suffering
- Property damage
- Mental anguish
Intentional tort cases may also qualify for punitive damages if the conduct was especially malicious. These damages are intended to punish the defendant and deter future misconduct.
Texas law caps punitive damages at the greater of $200,000 or twice the amount of economic damages, plus up to $750,000 in non-economic damages. These limits apply only to punitive awards, not actual losses like medical costs or lost wages.
Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers for Help Today
Understanding the difference between negligence and intentional torts is essential when building a personal injury case in Houston. If you’ve been injured and believe someone else is responsible, a Houston personal injury attorney at Attorney Brian White Personal Injury Lawyers can help you determine the best legal path forward. Contact us today for a free consultation.
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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