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How Does An Intentional Tort Differ From Negligence?

When a person is injured because of another person’s actions, the negligence of the at-fault party is generally to blame. “Negligence” may define forgetfulness, carelessness, or any instance in which a person acts without considering safety or how their behavior could impact others. In cases of negligence, the at-fault party may not have even acted purposefully and their actions could have been a mistake.

However, negligent behavior is not the only way that people can be injured. In some cases, the actions of the at-fault party were deliberate. They may not have intended to harm anyone, but whatever they did was done with a purpose and cannot be classified as a simple mistake. These cases fall under an area of the law known as “intentional torts.” While intentional torts and cases of negligence can involve similar situations, these are two very different types of litigation.

Types of Cases

Negligence cases and intentional torts often involve similar situations. While the intent of the at-fault parties may be different in a negligence case and an intentional tort, the outcome may be the same.

Most types of personal injury cases could potentially be considered as a negligence case or an intentional tort: Car accidents, work injuries, and wrongful death may all be considered as either type of case. Some types of cases, such as assault and battery, are generally only considered as intentional torts.

How Criminal Law May Play a Role

Another way in which intentional torts differ from negligence cases is the role of criminal law. It is possible that a situation that is the subject of an intentional tort case will also be considered in criminal court. Negligence cases can involve criminal offenses as well, but not as commonly as intentional tort claims.

Although a civil case and criminal case may focus on the same situation, it is important to remember that they will be handled as two separate cases. The outcome of one may not impact the outcome of the other.

Regardless of whether intentional acts or negligence caused your injuries, Zayas Law Firm can help if you were harmed because of another person’s actions. Our lawyers will evaluate the details of your case to determine who is liable, and will work to hold them accountable for your damages.

If you are interested in speaking with our legal team, complete our contact form or call (860) 854-9156 to schedule a free consultation with our attorneys.

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