Common Types of Intentional Torts 

Bill Allen | August 7, 2024 | Personal Injury

Common Types of Intentional Torts 

Many personal injury cases are based on negligence. However, some cases involve intentional torts. An intentional tort is an act someone does with the intent of causing harm to someone.

Many times, intentional torts lead to criminal cases, but not always. However, the criminal case is separate from a civil claim for damages. Civil claims seek compensation for economic and non-economic damages.

What Is the Difference Between Negligence and Intentional Tort Claims?

Negligence is the failure to use a standard of care that a reasonable person would use in a similar situation. The breach of duty results in an injury to someone. The person did not need to intend to injure someone to be liable for damages.

Intentional torts require that the person acted with the intent to injure or harm someone. You do not need to prove they were negligent for them to be liable for damages.

Common Intentional Tort Claims in Ocala, FL

Several types of intentional torts can lead to a personal injury claim. 

Common intentional tort claims include:

  • Assault – The act of causing someone to be in imminent fear of harmful or offensive contact. The person does not need to touch the victim to commit assault.
  • Intentional Infliction of Emotional Distress – A person does something to intentionally cause emotional harm to someone.
  • Battery – The act of causing harmful or offensive contact with someone, such as hitting or kicking someone. It can also involve brushing up against someone in an offensive manner.
  • Theft – Permanently depriving someone of their property by taking it from them.
  • Trespass – Intentionally entering someone’s property without their permission. Trespassing may involve damaging property or diminishing its value.
  • False Imprisonment – Detaining or restraining someone from moving freely when the person has no authority to do so.

One of the most challenging aspects of intentional tort claims is proving that the person acted with intent to cause you harm. You must show the act the person took and their mental state when committing the act. Another problem you might encounter is a lack of insurance coverage. Many liability insurance policies exclude liability for intentional torts.

What Damages Can I Receive for an Intentional Tort Claim in Florida?

The damages for an intentional tort claim include financial losses (i.e., economic damages). You can also receive compensation for your pain and suffering (i.e., non-economic damages). 

Damages may include, but are not limited to:

You may also receive punitive damages for an intentional torts claim. The jury uses punitive damages to “punish” the defendant for their conduct.

Document your damages by keeping records of all expenses and copies of invoices, bills, and other evidence. You must have evidence proving you incurred the damages to recover compensation from the party who caused your injuries.

What Is My Intentional Tort Claim Worth?

The value of your damages depends on the factors involved in your case. 

Factors that impact the value of your damages include:

  • The evidence proving that the other party intentionally caused you harm
  • The type and severity of your injuries
  • Whether you sustain a permanent impairment or disability
  • Your appearance before and after the attack (i.e., scarring and disfigurement)
  • The availability of insurance coverage and the limits of the policy
  • The parties involved in the case
  • The duration of your recovery period
  • How long you are out of work and whether you can return to work
  • The amount of your financial losses

Calculating the value of an intentional tort claim can be complicated. The insurance company or at-fault party will try to undervalue your damages to limit the amount they are liable to pay. If you are unsure what damages you can receive or the value of your damages, talk with an Ocala intentional torts lawyer before you accept a settlement offer.

What Should I Do if I’m the Victim of an Intentional Tort in Ocala, FL?

The steps you take after an intentional injury can impact the outcome of a personal injury claim. 

Steps you can take to protect your legal rights include:

  • Report the act to the police immediately. The police should investigate the matter and may arrest the person who caused your injuries.
  • If someone witnessed the attack, ask for their name and contact information. Eyewitness testimony can be a crucial piece of evidence if your case goes to court.
  • Seek immediate medical attention for your injuries. You need to document the injuries caused by the other party for damages.
  • Document your injuries by taking photographs throughout your recovery.

Schedule a consultation with an Ocala personal injury lawyer to discuss your case as soon as possible. An attorney will investigate your claim, gather evidence proving your case, and fight to maximize the amount you receive for damages.

Who Is Liable for Damages in an Intentional Tort Case?

The person who caused your injuries can be liable for your damages. If they have insurance coverage that covers the claim, the insurance company may pay your damages.

However, other parties could also share liability for your damages. For example, if an employee causes your injuries, the employer could be liable under the theory of vicarious liability. However, the employee’s actions must have been in furtherance of the employer’s interests or required by the employer. Still, the employer may not be liable; it depends on the facts of the case and the applicable law.

A property owner could be liable if their negligence contributed to the cause of an assault. For example, a business fails to provide adequate lighting or security. The lack of security and lighting increases the risk of a customer being attacked or assaulted.

Liability of third parties is a complex aspect of an intentional tort claim. Seek the advice of an experienced intentional torts lawyer.

An Ocala Personal Injury Lawyer Can Help You File an Intentional Tort Claim

The Florida statute of limitations for intentional tort claims is longer than most negligence claims. Generally, you have four years to file an intentional tort claim in Florida. However, waiting to pursue a claim is not in your best interest. Prompt action allows your attorney to preserve evidence that could be lost with time.

If you have questions about intentional tort claims, contact the Ocala personal injury lawyers at Allen Law Firm, P.A. at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652