Is there a difference if a personal injury was intentional?

Any personal injury case can be incredibly nuanced and involve many moving parts. Because of how varied each case can be, there are many different aspects of a personal injury case that can cause differences in cases. One of the key differences that can be a part of a personal injury case includes whether the personal injury was an intentional tort or a case of negligence. To have a personal injury attorney in Manhattan, NY, evaluate your injury case and help you reach out to us at Tannenbaum, Bellantone, & Silver, P.C. and see what we can do for you.

Types of Torts or Injury Cases

Negligence based torts or negligence-based personal injury cases are an umbrella term for nearly all accident based injuries that lead to personal injury cases. For a case to be a case of negligence, certain criteria need to be met. The three main points of a negligence tort include:

  • There has to be a duty or obligation: in certain situations, a person has the legal responsibility to exercise a certain amount of care. For example, when a person gets behind the wheel of a car, they are expected to “act with reasonable care in the operation of their vehicle.” 
  • Breach of said duty: If a person fails to uphold their duty in a situation, they can be legally responsible, at least in part, for any injury or accident that is caused. If the breach of duty was even in part accountable for the injury or accident, it is easily proven to be causation in most cases.
  • There were damages sustained: finally, for your injury case to be considered a viable negligence tort, the breach of duty of the other party that led to the accident would also have to lead to some damage sustained. You have to prove you suffered some form of harm. Some compensable injuries include medical bills, loss of income, pain, suffering, property damage, or mental anguish. If you can prove you suffered in some measurable way, your negligence tort can be valid and have legs to stand on.
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In addition to negligence-based torts, there are also intentional torts. Intentional torts imply that one party intended to cause harm or damages to another party. This is different from a negligence tort because an accident or carelessness did not cause the damages. To speak with personal injury attorneys in Manhattan, NY, about an injury you received, and figure out if you have grounds for a personal injury case, reach out to us at Tannenbaum, Bellantone, & Silver, P.C. 

Intentional torts are legal wrongs committed with intent or on purpose. For an intentional tort to fit a personal injury case, not only does the other party need to commit a legal wrong but has to hold the intent of causing damage with their actions. Some common intentional torts cases include:

  • Battery: battery refers to harmful or offensive contact
  • Assault: Assault is an act that places another party in fear of imminent danger
  • False Imprisonment: intentionally restraining the movement of another person can often lead to some form of personal injury

These are just some of the more common intentional torts involved in a personal injury case. To have your case examined by personal injury attorneys in Manhattan, NY, reach out to us at Tannenbaum, Bellantone, & Silver, P.C.

Tort cases are civil cases, so they are heard in a civil proceeding. These are different from criminal proceedings because a civil proceeding aims to compensate the victim and not necessarily punish the wrongdoer. The type of damages that are recoverable depends on the type of personal injury case. In the case of an intentional tort, the damages that can be compensated are broader and more generous than negligence cases. This tends to be the case because, in intentional tort cases, you are more likely to receive punitive damages from the wrongdoer because of the deliberate nature of the personal injury. You would need proof of wrongful intent in this scenario, no matter if an injury was sustained. In negligence cases, you need to prove damages were suffered along with the proof of negligence or failure of duty. 

Additionally, in negligence torts, the damages you can recover tends to be compensatory damages. This is designed to help the victim recover back to normal before the injury, whereas you can recover punitive damages in intentional torts. 

Contact Our Personal injury attorney in Manhattan, NY.

To speak with a personal injury attorney in Manhattan, NY, to help you with any type of personal injury case you may be dealing with, visit us at Tannenbaum, Bellantone, & Silver, P.C. today!