What is the difference between intentional torts and negligence
In intentional tort cases, you must prove intent. Meaning, you must show that the person caused your injuries purposely and they knew the consequences of their actions. If you are injured, the last thing you need to worry about is what type of tort you can file.
Instead, you should speak with an attorney. Seeking compensation against a person or company is a big step, and it requires legal representation. We will review your case and help determine the type of tort you have. Then, we will aggressively represent your right to compensation in court. Schedule your free case evaluation at one of our three office locations or contact us online. Skip to content Call Today for your free consultation Menu.
Experienced at winning cases for people who need justice. The Four Elements of Negligence-Based Torts To file and win a negligence-based tort, you must prove that four elements exist: The defendant owed you a duty of care. The duty of care refers to the expected behavior of a reasonable person in a similar situation to the defendant. It requires that the defendant, when exercising ordinary care, would do what they can to prevent harm or unnecessary injury.
The burden of proof in a criminal case against the defendant, however, is enough evidence to establish guilt for the crime beyond a reasonable doubt. Even if a criminal case does not result in a conviction, you could still win your civil case against the same defendant due to different burdens of proof.
Use a New Mexico personal injury attorney to represent you during a claim in New Mexico for your best chances at success.
Contact us today. August 02, What Is an Intentional Tort? What Is Negligence? Criminal Case vs. Civil Case In cases involving intentional torts, the defendant could face a criminal trial on top of civil liability. Does the Burden of Proof Change? Even outside of personal injury, the damages are often a complex matter to determine. For instance, in a fraud action based on sale of real property, one is awarded the difference between the misrepresented fair market value and the actual fair market value.
But if the Buyer was good at negotiations and purchased it for far below the actual fair market value, there are no damages despite the misrepresentation since the home, even as misrepresented, is still worth more than what you paid. Remember, one is not awarded damages based on what it costs to correct the defect but on the differential in fair market value between actual fair market value of the home purchased versus and what you paid. If the property is actually worth more than five hundred thousand dollars despite the termites, the actual damages are zero since the value of the house you purchased is still greater than your purchase price!
It is therefore clear that each tort action requires careful analysis as to damages and consultation with an experienced attorney before suit is filed to ensure that it makes economic sense to actually file suit. Remember that absent a contract provision, in the United States attorney fees are not awarded to the prevailing party in most matters, thus one may end up paying more for the case than the judgment is worth.
Put simply, professional evaluation of actual damages are as essential to evaluate a case as professional evaluation of liability and both must be considered carefully before one decides to file suit. Assuming more than one person is responsible for your injury, you have a right to sue all of them and seek "joint and several liability. This must be compared to comparative negligence verdicts in which the jury apportions responsibility among a group of parties, including even the plaintiff.
Such comparative negligence does not arise in actions based on intentional torts and even in negligence two or more parties may be held jointly and severally liable. Again, experienced counsel must be consulted to carefully analyze the various joint and several liabilities that may or may not exist. As with measurement of damages, the Statue of Limitations time by which a plaintiff must file suit or be barred differs depending on the tort.
Most personal injury actions have a two year statue of limitations from when the accident occurred. Actions for fraud may have a two or three year statute, depending on the nature of the alleged act, but the statute of limitations is often extended if the plaintiff did not know or could not have discovered by reasonable inquiry that the fraud by using due diligence. To be safe, one should always assume that suit should be brought within one year of the event that gives rise to the cause of action and make sure legal counsel is consulted well before that deadline.
Tort actions are how the average American uses the court and constitute, along with breach of contract, the overwhelming majority of civil actions in the American system of law. If the wrong perpetrated against you is not breach of contract, the odds are it is a tort and you will seek that type of relief.
It is important to note that intentional torts are a very different type of action despite being categorized as "torts" along with torts based on negligence. A personal injury lawyer can evaluate your case and discuss the different standards and elements that may apply. A qualified personal injury attorney can help you better understand the nuances between these two legal concepts, and what methods would be best for building your case in your personal injury lawsuit.
This information can help you pursue justice in the Nevada courts in a way that maximizes your recovery from the defendant or their insurance company. This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S.
Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information. Call us today at anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible.
Personal Injury Attorneys » Personal Injury Claims » Comparing Intentional Torts and Negligence in Personal Injury Nevada law allows individuals to use the courts to seek justice when another person commits a wrong against them. There are four essential elements in a negligence claim : Duty of Care Standard of Care — The first is that a person is in a situation where they have a duty to act carefully.
For example, drivers on the roads have an obligation, or duty, to drive carefully for the safety of everyone else and to avoid a car accident. Breach of Duty — The second aspect of a negligence claim is that the person must fail to act as carefully as they should.