What is the Difference Between Negligence and Intentional Torts in Personal Injury Law?

The difference between negligence and intentional torts is a key concept in civil liability law. Negligence occurs when a person does not act with sufficient caution to meet the required standard of care. An intentional tort, on the other hand, is a deliberate and conscious act of misconduct that breaks the law.

Personal injury

claims are often based on a negligence lawsuit.

Negligence is behavior that does not meet a reasonable standard of care for the safety of those around you. The main distinction between an intentional tort lawsuit and a negligence lawsuit is the actor's state of mind. A negligent person did not intend to cause harm, but they are still held legally responsible because their negligent actions hurt someone. An intentional tort describes a wrongful action that was done deliberately, such as an action that violates the law in Texas.

If a defendant is guilty of an intentional tort, it means that they were aware of the criminal nature, wrongfulness, or risks associated with an act or omission, but they did it anyway. Someone who commits an intentional tort knows that the action is likely to cause injury, but it still breaches the duty of care. An intentional tort may be a premeditated crime, or the idea may occur to the defendant on the spot. In either case, if the defendant commits a deliberate and deliberate wrongful act that injures the victim, they will be held criminally responsible for the losses.

The defendant is also likely to face criminal charges in Texas for committing a crime against the victim, such as assault, battery, robbery, abuse, or homicide. Under a negligence lawsuit, you must show that the defendant was reckless or negligent in their actions. However, under an intentional tort lawsuit, you must demonstrate that the defendant acted specifically to harm or harm you. The defendant doesn't need to know that an injury would occur based on their actions, but simply that they intended to carry out the act that caused you injury or harm.

An intentional tort can consist of assault, unlawful imprisonment, fraud, intentional imposition of emotional distress, conversion, break-in, or invasion of privacy. Under these grievances, the defendant's state of mind is what is at stake when deciding if they deliberately acted in a way that caused their injury or damage to their property. Because intentional torts require a certain mindset on the part of the defendant, the amount of compensation you receive for your injuries can be increased. Because of the difficulty that such claims can cause, it's invaluable to talk to a personal injury lawyer to help you determine the best way to prove your case.

We will fight hard in your best interest and work to recover maximum compensation in your personal injury case. If you or someone you love has been involved in a personal injury accident, you should contact an experienced personal injury lawyer from Huntsville and Madison counties in Hornsby Watson & Hornsby to help you with your case. Intentional torts occur when someone intentionally acts in a certain way that causes injury to another person. A personal injury lawyer can help you determine which claim is best to file and can help you determine the best strategies for your case.

When a breach of that duty of care results in an injury to another person, the negligent person owes the victim for their damages. A qualified personal injury lawyer can help you better understand the nuances between these two legal concepts and what methods would be best for developing your case in your personal injury lawsuit. Whether the defendant in your personal injury case was guilty of an intentional tort or negligence, you have the same right to file a lawsuit against them. A personal injury lawyer can evaluate your case and discuss the different standards and elements that may apply.

Whether you were injured due to negligence or due to someone else's intentional actions, you deserve to receive compensation for your injuries. If you have been injured and are wondering which of these legal concepts apply to your circumstances, schedule a free consultation with an experienced injury law firm today. Receive a review of your claim by an experienced personal injury lawyer to discuss the elements of your claim and begin the path to recovery. Often times personal injury claims are based on showing that another party behaved negligently.