A ‘tort’ is a type of wrongful deed committed by a person that ends up harming another individual. The wrongful act could comprise a multitude of actions, which is split up into several different sub-classes. A tort could have been courtesy for a mentally challenged or unstable individual. When the individual inflicting the pain is in perfect mental health and does so intentionally, then the act becomes ‘intentional tort’.
An intentional tort could be a punch or slap to the face. The intentional nature of this act is pretty clear. However, there could also be instances that may not be truly intentional but deemed intentional by law. For example, if you end up surprising a person who has a heart problem, and the resulting fright leads to the individual getting a heart attack, it’s a case of intentional tort.
Typical Intentional Torts
Some typical intentional torts are ‘battery’ or hitting someone with the intention to cause harm. This encompasses quite a few activities, which includes firing a gun. An ‘assault’ is also an intentional tort, which includes attempted battery or threatening injury.
False imprisonment or confining an individual without legal authority is also intentional tort. There are a couple of exceptions to this, however. Generally, police has the authority to confine individuals if the individuals are suspected to have committed a crime. Another exception is “shopkeeper’s village”, which permits shopkeepers to detain people who are shoplifting suspects.
Inflicting intentional emotional distress, fraud, defamation, invasion of privacy, trespass, converting someone else’s property into your own illegally, etc. are also examples of intentional torts.
Settling Intentional Torts
There isn’t much difference between settling unintentional and intentional torts. Quite often, the victim is represented by a lawyer. To facilitate the proceedings and help the personal injury attorney get a better grip of the case, the victim should be aware of the extent and/or nature of the psychological or physical damages. The victim must also have necessary supporting medical documentation handy.
For instance, the victim must keep solid records of every expense incurred with relation to the injury and/or property damage. Also, the victim has a major role to play in clearly communicating to the lawyer how the offender’s actions would negatively impact his/her personal life in the future – both emotionally and financially. Once necessary documentation and records are in place, it becomes clear whether a case is truly there to be fought.
Making a Claim
Tort laws help a victim seek damages – the offender is usually not booked under criminal charges. Therefore, any individual who has met with an accident, whether the series of events was intentional or otherwise, may seek compensation from the guilty party. The plaintiff, or the injured party, should prove in court the defendant’s fault or he was responsible legally for the injury suffered and the subsequent impact. If you are the victim but not sure you have a case on hand, get in touch with a personal injury lawyer and learn the details of the case and where you stand exactly.
If you’re a victim of intentional tort in South Carolina, contact HawkLaw, PA, a South Carolina personal injury law firm, to make injury claims for intentional torts.