Comparing Intentional Torts and Negligence in Personal Injury
If you have been injured in an accident, you can seek justice under Florida law for your injuries and losses. In many accident claims, the legal action will be based on negligence by the defendant. In some cases, if the wrongdoer acted intentionally, they could be sued for an intentional tort. What is negligence, and what is an intentional tort? The difference between the two legal theories will determine how you need to proceed with a legal claim after an accident.
What is Negligence?
People owe duties of care to act reasonably and carefully in most situations. When a person fails to use reasonable care and an accident is the result, it can be said they acted with negligence. The negligent actor can then be financially responsible for the accident victim’s damages. Historically, negligence falls under tort law. Torts exist to provide financial compensation for people injured by someone else’s act or failure to act.
Negligence can result from a lapse in judgment or a failure to consider the consequences of an action. There are four elements required to prove negligence in a personal injury case:
- Duty of care: A duty of care is the responsibility of people to act with the safety of others in mind. For example, drivers have a duty of care to follow traffic signs and stop at red lights to avoid car accidents.
- Breach of duty: When a person fails to follow their duty of care, a breach of duty can be claimed.
- Causation: There must be a link between the breach of duty and the resulting accident. There cannot be other factors that intervened to cause the accident.
- Damages: An accident victim must be able to prove actual damages, such as physical injury or property damage.
An experienced personal injury lawyer will use all of the evidence available in your case to prove the elements of negligence in your personal injury claim.
What is an Intentional Tort?
Intentional torts happen when someone acts intentionally to violate your rights or physically injure you. There must be clear intent on the part of the wrongdoer to prove an intentional tort. For example, a driver running a red light might hit your car due to their mere negligence. If the other driver chases you down and runs you off the road, however, that would be considered an intentional tort. Another example would be an act of battery, where somebody physically hits you on purpose.
Some intentional torts that can involve personal injury include:
- Assault: Any attempt to create fear of immediate physical harm can be considered assault.
- Battery: Battery goes beyond assault and includes any type of physical or offensive contact. Injury can be part of a battery but is not always required to bring criminal charges.
- False imprisonment: Despite its name, false imprisonment can include any restriction of a person’s freedom of movement without their consent. Locking someone in a room or keeping them from leaving the house can be false imprisonment.
- Intentional Infliction of Emotional Distress (IIED): This includes acts that are designed to traumatize another person and cause emotional distress. Victims of IIED can seek monetary damages for the mental distress suffered.
- Trespass: Intentionally entering or staying on another person’s property without permission can lead to the criminal charge of trespass. It is also an intentional tort when done to harass or intimidate another person.
Intentional torts differ from negligence because they require a deliberate act to cause harm or violate another person’s rights.
Damages in a Florida Personal Injury Case
Whether you were injured due to negligence or an intentional tort, you can seek damages for your losses through a personal injury claim. Courts can award two main types of damages: economic damages and non-economic damages.
Economic damages are the dollars & cents costs of an accident, such as medical bills, property damage, lost wages, out of pocket expenses, and other losses. Non-economic damages, meanwhile, include those losses that don’t translate easily to spreadsheets. Emotional distress, loss of companionship, pain and suffering, and other such losses can fall into this category.
Punitive damages can apply in some cases, but not all. Florida allows punitive damages in certain situations. Punitive damages under Florida law aim to punish the defendant, not just to compensate a victim. Thus, courts are hesitant to award punitive damages unless a defendant’s conduct is so reckless or outrageous that it should be punished. Punitive damages typically do not apply in cases of negligence. However, punitive damages are possible in an intentional tort claim where the defendant’s actions were particularly egregious.
How a Personal Injury Attorney in Jacksonville, FL, Can Help After an Accident
Whether you were injured due to a negligent act or an intentional act, an experienced Florida injury lawyer can help. An attorney can:
- Meet with you for a free, in-depth consultation about your case
- Investigate the accident and find out who was at fault
- Collect evidence to prove your claim, such as physical evidence, photos, and video footage
- Negotiate with insurance companies during the claims process
- File a personal injury lawsuit to seek financial justice in your claim
- Take your case to trial when necessary to seek what you deserve.
If you’ve been injured, don’t wait—contact an experienced lawyer today to protect your interests and explore your legal options.
Contact Our Jacksonville, FL, Personal Injury Lawyers For a Free Consultation
If you were injured in any type of accident caused by another person or entity in Jacksonville, Florida, you could have a legal right to financial compensation. Depending on what happened, your legal theory might be based on either negligence or intentional torts. The proven personal injury attorneys at Baggett Personal Injury Lawyers in Jacksonville can help you plan your next steps after a serious accident.
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