Intentional torts are acts that cause injury or harm to another person. Many intentional torts can result in criminal charges and penalties. Additionally, the injured party may file a personal injury lawsuit seeking damages.
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What Are the Elements of an Intentional Tort Case?
Many tort actions are based on negligence claims. Negligence claims include those involving car accidents, medical malpractice, and premises liability claims. However, an intentional tort claim involves a specific act directed at another person that causes injury.
Elements of an intentional tort claim include:
- The defendant acted knowingly, willingly, and purposefully to harm another person
- The victim did not give their consent to the conduct
- The intentional act resulted in injury or harm to the victim
- The victim sustained damages because of the intentional act
Some intentional torts require you to prove general intent. Other types of actions require you to prove specific intent. A lawyer can analyze your situation to determine if you have a valid personal injury case based on an intentional tort cause of action.
What Are Some Examples of Intentional Torts in Texas?
Many different types of intentional torts can result in personal injury lawsuits. Examples of intentional torts include, but are not limited to:
Assault occurs when someone intentionally causes or threatens physical harm to another person through their actions.
Under Texas laws, assault includes intentionally, knowingly, or recklessly causing or threatening to cause bodily injury to another person. It also includes causing physical contact with another person when the abuser knows or should have reasonably known that the victim would view the physical contact as provocative or offensive.
Intentional Infliction of Emotional Distress
In some cases, an intentional tort may not involve direct physical contact. A person can intentionally cause emotional distress through extreme or outrageous conduct. The result can be chronic depression, anxiety, or PTSD.
Unlawfully and intentionally preventing a victim from leaving can result in physical and emotional harm. False imprisonment can result from physical restraints or verbal threats and false statements.
What Damages Can I Recover for an Intentional Tort?
Victims may recover damages for intentional torts, including economic and non-economic damages.
Examples of damages in an intentional tort case include:
- Past and future cost of medical treatment
- Decrease in quality of life
- Physical pain and suffering
- Emotional distress and suffering
- Diminished earning potential
- Loss of enjoyment of life
- Out-of-pocket expenses
- Personal care and nursing care
- Loss of income and benefits
- Mental anguish and trauma
- Scarring and disfigurement
- Disability and permanent impairment
The amount of money you receive for an intentional tort claim depends on the facts of the case. The severity of your injuries and losses directly impact the value of your damages. However, the strength of the evidence and the availability of insurance coverage or the ability to pay damages could impact how much money you receive for an intentional tort.
How Can a Personal Injury Lawyer Help You With an Intentional Tort Claim?
Proving intentional torts can be complex. Even if the person is arrested and convicted of a criminal act, it does not guarantee that you can recover damages in a personal injury claim. You have the burden of proving the elements of an intentional tort claim to win your case in civil court.
After an injury, you should seek immediate medical treatment. Documenting your injuries through medical records is essential for proving that you sustained harm because of the person’s conduct or acts. Also, report the crime to the police immediately.
As soon as you can, contact a Houston personal injury attorney to help you build a case for damages by:
- Investigating the circumstances of what happened to gather evidence proving the elements of an intentional tort claim
- Working with your doctors and medical experts to establish the extent of your emotional and physical injuries
- Identifying insurance coverage and filing claims with insurance companies
- Documenting your damages and calculating the fair value of your injury claim
- Negotiating a settlement with the insurance company
- Monitoring deadlines for filing claims and personal injury lawsuits
- Filing a personal injury lawsuit and advocating for you in court if the other party refuses to negotiate a good faith settlement for your intentional tort claim
Handling an intentional tort claim can be complicated. Hire a Houston personal injury lawyer with experience handling these types of cases.
Schedule a Free Consultation With a Houston Personal Injury Lawyer to Discuss Your Intentional Tort Claim
Were you injured because of another person’s intentional wrongdoing? If so, call Attorney Brian White Personal Injury Lawyers at (713) 500-5000, and schedule a free consultation with an experienced Houston personal injury attorney to discuss whether you have a valid intentional tort case.