Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
ContributorAdam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida. After law school, Adam and spent two years clerking for a U.S. District Co.
Updated: Dec 19, 2022, 3:02am
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A tort is an act or an omission that causes harm to others and that may give rise to the right to file a civil lawsuit. If someone commits a tort and you are harmed, you may be able to file a claim to recover compensation for your losses.
There are different types of torts. Many personal injury claims arise from negligence. However, an intentional tort could be committed as well. An intentional tort is an act someone purposely does which causes harm and for which the perpetrator can be sued.
An intentional tort occurs when:
Intentional torts are one of several types of torts that can give rise to a civil lawsuit. Others include:
Intentional torts, negligence torts and strict liability torts are all governed under a body of law called tort law that determines when a victim can successfully file a civil lawsuit to obtain compensation for damages.
In tort cases arising out of negligence, there is no need to show a defendant acted purposefully in order to successfully get compensation for damages.
But, when your claim is based on an intentional tort, you have to prove the added element of intent. To win a case arising out of an intentional tort, you need to show the defendant acted knowingly or purposefully.
For example, you could win a negligence case against a driver who was speeding in his vehicle and who caused an accident due to that excess speed–even without showing the driver wanted to cause a crash.
But if you wanted to make an intentional tort claim against the driver, you would need to show the driver meant to hit your vehicle.
There are many different kinds of intentional torts. Some common examples of wrongful behavior that is governed under tort law and which could give rise to a civil lawsuit include the following:
These are just some of many examples of intentional torts that could be committed against you–and that could give rise to a civil lawsuit to recover compensation. If you suspect someone has acted intentionally to harm you, you may wish to speak with an experienced attorney about whether you should file a claim.
Intentional torts often involve behavior that is also considered criminal. For example, if someone batters you, they could be charged with a crime but you could also bring a civil lawsuit under tort law.
There are very important differences between criminal cases and tort cases, though. Specifically, only prosecutors who work for the state can bring criminal charges. These charges are intended not to compensate victims but to protect public welfare and punish the defendant for breaking the laws of the state.
By contrast, individuals (or companies) who have been wronged can file a civil lawsuit governed by tort law in order to try to be “made whole” when someone has harmed them. The purpose of the civil lawsuit is to obtain monetary compensation for the damages caused. A defendant won’t be jailed or receive a criminal record as a result of the outcome of the case.
Beyond who files the case, the other big difference between a criminal case and a civil case is the burden of proof required.
You can decide to file a lawsuit for an intentional tort even if a prosecutor does not file criminal charges against someone who harmed you. You can also win a civil suit even if a defendant was found not guilty in criminal court. But you still do need to prove your case, so you should consider hiring an attorney if you believe you were the victim of an intentional tort.
An experienced attorney can help you gather evidence to prove intent, as well as to demonstrate the other elements of your case so you can recover compensation for medical bills, pain and suffering and emotional distress you endured.
