Common Types of Intentional Torts in Jacksonville
Tort law is an area of civil law that seeks to compensate victims when they are harmed by another person’s conduct. A tort is simply an act or omission that causes harm or injury. Torts are sometimes the result of careless or negligent behavior, but intentional torts are caused by intentional or willful conduct.
Basic Categories Of Torts In Florida Personal Injury Law
Torts can be broken down into three major categories, depending on the underlying behavior that caused the harm. Nearly all personal injury claims fall into one of these three categories.
Negligence Torts
Negligence torts are probably the most common type of tort associated with personal injury claims. Negligence occurs when someone fails to adhere to a reasonable standard of care and another person is injured as a result. Some common types of claims arising due to negligence include car accidents and pedestrian accidents.
Strict Liability Torts
When dealing with strict liability torts, the plaintiff only needs to prove their injuries or damages. Strict liability holds the defendant accountable for their behavior, regardless of their negligence or intent. By engaging in certain types of behavior, a person can be held liable for the outcome even if they were not negligent in their actions. Dog bite cases and product liability cases are common examples of strict liability torts.
Intentional Torts
Lastly, intentional torts occur when someone is harmed by another person’s intentional or willful conduct. These torts require an element of intent. Additionally, intentional torts that give rise to a personal injury claim may also be criminal acts.
The Most Common Types Of Intentional Torts
There are many different types of actions that may be considered intentional torts. In some cases, these actions can lead to catastrophic injuries and lifelong effects. Some of the most common types of intentional torts include the following:
Assault and Battery
While assault and battery are often lumped together into a single offense, they are actually two separate things. Assault occurs when someone threatens someone else either by words or actions, causing them fear of imminent harm. For example, brandishing a weapon may be classified as assault.
Battery, on the other hand, occurs from actual physical contact. If you suffer injuries because someone punches you, a battery has occurred. You may be able to recover compensation for your injuries.
Defamation
Knowingly spreading false information about another person can cause harm to their reputation and character. A defamation claim can help the victim recover compensation for the damage to their reputation.
False Imprisonment
False imprisonment occurs when a person restricts another’s movements or keeps them confined improperly. False imprisonment may be achieved through the use of physical restraints. However, a verbal threat of violence that prevents someone from leaving can also be enough to constitute a false imprisonment claim.
Intentional Infliction of Emotional Distress
This can be a difficult tort to prove, and the conduct constituting intentional infliction of emotional distress must generally be reckless and outrageous. Damages resulting from this type of situation can include PTSD, anxiety, or depression.
Trespass
Trespass can give rise to a tort claim if there are damages involved. If another person intentionally invades your land and interferes with your ownership rights, then a civil trespass claim may be appropriate.
Conversion
Conversion occurs when a person interferes with your rightful ownership of personal property. This is essentially the civil equivalent of theft. However, the item does not need to be forcibly taken. For instance, if someone borrows something from you and refuses to return it, you may have a tort claim against them for conversion.
Damages Available In Intentional Tort Claims In Florida
The damages available in intentional tort claims are the same types of damages available in other types of tort claims. Damages can include both economic and non-economic damages. Some of the most common types of damages awarded in intentional tort claims include the following:
- Medical bills
- Lost wages
- Physical therapy
- Loss of quality of life
- Loss of consortium
- Scarring or disfigurement
- Home health expenses
In some cases, punitive damages may be available to victims. Instead of compensating the victim for their injuries, punitive damages are intended to punish the wrongdoer for their behavior. For intentional torts, Florida law generally limits punitive damages to the greater of $2 million or four times the compensatory damages.
Are Intentional Torts Considered Crimes?
Many intentional torts may also be punishable under Florida criminal statutes. However, criminal charges do not need to be filed for a civil personal injury case to be filed. The burden of proof is very different in civil cases versus criminal proceedings.
In a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. However, the burden of proof for an intentional tort in a civil case is a “preponderance of the evidence.” This means that the plaintiff must only prove that it is more likely than not that the defendant committed the elements of the tort.
Due to different burden of proof standards, criminal charges may not always be filed. However, if the elements of an intentional tort are present, you can still file a civil action to recover damages.
How Long Do I Have To File An Intentional Tort Claim In Florida?
The Florida statute of limitations for an intentional tort is four years. This means that you have four years from the date of the incident to file a lawsuit. A Florida personal injury attorney can help prepare your case and make sure that you meet this deadline. Failure to meet this deadline could completely prevent you from recovering any damages.
How A Florida Personal Injury Attorney Can Help With Your Intentional Tort Claim
If you have been the victim of an intentional tort in Jacksonville, Florida, consider hiring a personal injury attorney to help with your claim. An attorney can help thoroughly investigate the claim, gather the required evidence to prove your case, and accurately assess the value of your damages.
Contact the Jacksonville Personal Injury Law Firm of Baggett Law Personal Injury Lawyers Today For Help
For more information, please contact the Jacksonville and Ponte Vedra personal injury law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and its surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167