At Kasan Law, our attorneys understand that victims of assault, battery, and other intentional torts suffer traumatic injuries. If you or a loved one has been the victim of an intentional tort, in addition to physical trauma, you may experience feelings of helplessness, anger, and other symptoms. These feelings might last for years and might indicate that you have post-traumatic stress disorder (PTSD).
Intentional tort cases may also involve the legal theories of negligence or strict liability. In an intentional tort claim, the defendant is accused of intentionally committing a wrong that resulted in the victim’s injuries. Intentional torts require a victim to establish the element of intent, which means the victim must demonstrate that the individual did something on purpose.
Under Illinois law, an intentional tort victim is entitled to recover damages for their physical injuries resulting from an assault or battery. Also, they are entitled to recover for emotional damages they suffered.
Intentional torts are considered civil cases, but many times the same offense can result in criminal charges. However, civil intentional tort claims can be filed without the existence of a criminal component.
An intentional tort claim must establish the following elements:
· Intent: This is defined as acting with purpose or knowledge that the act in question can cause harm or injury to another person. If this element is not in place, something can still be tort – just, not intentional tort.
· Acting: This requires a person to perform an act that causes injury or harm to another person. Someone can think about or plan to harm someone – as long as they do not act on it, it is not considered an intentional tort.
· Actual Cause: This requires that the victim prove that the harm or injuries caused would not have occurred without the actions (or “causes”) of the defendant. If it cannot be proved, it is not intentional tort.
Intentional conduct or wrongdoing is one of many grounds for personal injury claims. Also referred to as intentional torts, these cases involve a person who has acted intentionally and willfully to harm another person. Although actions of this kind may result in criminal charges, the injured party may also be able to file a separate personal injury lawsuit. Intentional torts are divided into various categories, and the most common types are:
These are just a few examples of what may constitute intentional torts. In an intentional tort claim, the plaintiff has to prove that the defendant caused the harm on purpose, or was acting with knowledge that harm was likely to happen.
Intentional tort cases are different from the majority of personal injury cases. In most personal injury cases, you can usually only get compensation for damages such as medical bills, lost wages, or pain and suffering. However, in an intentional tort claim, you may be eligible to receive higher than ordinary compensation in the form of punitive damages. In certain circumstances, punitive damages might be awarded to punish the defendant and deter others from similar conduct, which gave rise to the lawsuit.
An intentional tort victim may experience all sorts of negative feelings, including PTSD. There are various ways that victims may experience PTSD, such as:
At Kasan Law, we take all personal injury cases on a contingency basis, which means you will not pay any legal fees unless we get you compensation for your case. Our consultations are free and carry no obligations.
As with any personal injury case, you must act quickly to protect your legal rights. If you or a family member has been injured as a result of someone else’s intentional tort, contact our Chicago and Illinois personal injury attorneys to schedule your free consultation by calling (312) 300-6724, e-mailing us at [email protected], or schedule your consultation online.