An intentional tort happens when someone chooses to cause harm or injury to another person on purpose. Unlike accidents, where harm happens by mistake, these actions are planned and deliberate. Intentional torts are a big part of civil law. They give victims a way to seek justice and ask for money to cover their damages.
This guide will explain what intentional torts are, the common types, and how they are different from other kinds of legal claims.
What Is an Intentional Tort?
An intentional tort happens when someone does something on purpose, knowing it will hurt another person. These cases are not about carelessness or accidents. Instead, the injured person needs to prove that the harm was intentional.
For example, if two people have an argument and one of them punches the other, that is not an accident. The person who threw the punch meant to cause harm. This type of action could lead to an intentional tort claim for assault.
Intentional torts can happen in many ways. It could involve physical harm, like hitting someone, or emotional harm, like bullying or spreading lies to ruin someone’s reputation. The main point is that the harm was done on purpose, not by accident. Victims of intentional torts have the right to ask for compensation for the harm they suffered. This can include medical bills, lost income, or pain and suffering.
Why Intentional Torts Matter
Intentional torts are important because they hold people accountable for their actions. When someone knowingly causes harm, the law allows the victim to seek justice. These laws also help to discourage harmful behavior by showing that there are serious consequences for deliberate actions.
Common Types of Intentional Torts
Several actions fall under the category of intentional torts. Here are some of the most common:
Assault
Assault occurs when someone intentionally creates a reasonable fear of harm in another person. Physical contact isn’t required; the threat of violence is enough.
Battery
Battery involves intentional physical contact with another person without their consent. This includes hitting, pushing, or any unwanted physical contact that causes harm.
False Imprisonment
False imprisonment happens when someone is intentionally confined or restricted without any reasonable means of escape. For example, locking someone in a room without their consent can lead to a claim.
Intentional Infliction of Emotional Distress
This tort occurs when someone’s extreme or outrageous behavior causes severe emotional harm to another person.
Trespass
Trespass involves intentionally entering someone else’s property without permission. This can apply to both land and personal belongings.
Defamation
Defamation includes making false statements that damage another person’s reputation. This is divided into two categories: libel (written defamation) and slander (spoken defamation).
How Intentional Torts Differ from Negligence
Intentional torts and negligence are not the same. Here’s how they are different:
- Intent: Intentional torts occur when someone harms another person on purpose. Negligence occurs when someone is careless and causes harm by accident.
- Proof Needed: In an intentional tort case, the injured person must show that the harm was done intentionally. This can be harder to prove than showing someone was careless.
- Damages: Because intentional torts involve deliberate harm, the person who caused the injury may have to pay more. This could include punitive damages, which are extra payments meant to punish bad behavior and prevent it in the future.
Understanding these differences is key to pursuing your tort claim.
Damages in Intentional Tort Cases
Victims of intentional torts may recover compensation for:
- Medical Expenses: costs for treatment related to physical or emotional harm
- Lost Wages: income lost due to the inability to work after the incident
- Pain and Suffering: compensation for physical and emotional distress
In rare cases, punitive damages are awarded. These damages are meant to punish the wrongdoer for their intentional actions.
Statutes of Limitations for Intentional Torts
In Nevada, like in other states, there are time limits for filing intentional tort claims. These statutes of limitations vary depending on the type of tort. For instance:
- Assault and battery claims often have a shorter filing window.
- Defamation claims may have specific deadlines for libel or slander cases.
Missing these deadlines can prevent victims from pursuing their claims, making it essential to act quickly.
Contact Our Las Vegas Personal Injury Law Firm For Help Today
If you’ve been the victim of an intentional tort, consulting an experienced personal injury attorney is critical. Intentional tort cases often involve complicated legal and emotional challenges. A lawyer can:
- Assess your case to determine its strength
- Help gather evidence to prove intent and harm
- Represent you in negotiations or court to seek fair compensation
Contact our personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation at (702) 222-9999 today.
