The Difference Between Intentional and Unintentional Torts

When it comes to tort law, negligence is the most common type of tort. Negligence is failing to use the reasonable care that a reasonably prudent person would use. You see, in our country, the law expects individuals to abide by a specific code of conduct and adhere to a legal duty to behave in a certain way in order to decrease the potentially of harming others. When individuals break this code of conduct, whether intentional or unintentional, consequences may be in order.

So what does this mean for you? If you were injured in an accident, regardless of what kind, and the accident was caused by another’s misconduct or wrongdoing or negligence, you could potentially bring about a tort claim against the at-fault party. In legalese, these are referred to as personal injury claims, which are meant to compensate victims for their losses and damages that resulted from the accident. Examples of damages and losses may include lost wages from work, medical expenses, hospital bills, pain, suffering, mental anguish, loss of consortium, prolonged physical therapy, permanent disfigurement, and much more.

Under civil litigation, tort law is the largest category, which governs a wide range of cases. However, under tort law, all personal injury cases fit into one of three primary categories: intentional torts, unintentional torts, and strict liability. Continue reading to learn the difference between the two, as well as, who to call for trusted legal advice regarding your personal injury claim.

Indianapolis Personal Injury Attorneys 317-881-2700
Indianapolis Personal Injury Attorneys 317-881-2700

A tort is a wrongful action or non-action that causes another person harm. In personal injury cases, the harm is usually physical, but can also be mental and emotional. A tortfeasor is the individual or entity that commits a tort, whether intentional or not. Tortfeasors can be individual people, companies, manufacturers, schools, businesses, retailers, and more. Now that you have reviewed the fundamentals of tort law, you can better understand the difference among the three primary categories. Below are brief explanations of intentional torts, unintentional torts, and strict liability.

Intentional Torts:

When an individual or entity intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can come with both criminal and civil ramifications for the at-fault party, all of which vary from state to state, but may include mandated court orders, fines, restitution, probation, jail, travel restrictions, bans, money damages and more.

Common examples of intentional torts include assault, battery, defamation of character, fraud, invasion of privacy, false imprisonment, conversion (taking someone else’s property and converting it to their own), trespass to chattel (interference with personal property), trespass to land (using someone’s personal property without consent), deliberate infliction of emotional distress, and more.

Unintentional Torts:

When an individual or entity unintentionally or inadvertently behaves in a way that causes another person harm, it is categorized as an unintentional tort. Unintentional torts are based around negligence, which even though can be accidental, can still be punishable under civil law. Ramifications usually involve recompense or restitution. Common examples of unintentional torts include car accidents, slip and falls, medical malpractice, dog bites, and workplace accidents.

Strict Liability:

Also referred to as “absolute” liability, this legal principle applies to individuals or entities regardless of intent, and imposes liability without the need of direct fault. The most common example of strict liability are product defect lawsuits. In such cases, the injured victim need only demonstrate that their injuries were a direct result of the defectiveness of the product to get the law on their side. Intention does not play a role in cases of strict liability.

Where to Find Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned accident attorneys work hard to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

What are Dignitary Torts?

When it comes to your quality of life, a root of happiness and success stems from self-esteem and self-respect.  Needless to say, your self-dignity is highly valuable, and arguably, priceless. So what does this have to do with dignitary torts? Then answer is, your reputation.

Continue reading to learn more about dignitary torts, including where to find trusted advice for your tort case.

Indiana Defamation Attorneys 317-881-2700
Indiana Defamation Attorneys 317-881-2700

Intentional Torts

Under tort law, when a person intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can have both criminal and civil repercussions for the at-fault party. A dignitary tort is a type of intentional tort in which an action causes another person’s reputation or “honor” harm, or subjects them to certain indignities (humiliations and shame). Although valid, very few states have courts that actually use this legal term.

Types of Dignitary Torts

By definition, there are several kinds of dignitary torts that a person can commit. Common torts include defamation, such as slander and libel. Additional examples include intentional infliction of emotional distress, battery, assault, abduction, false imprisonment, false light, invasion of privacy, and alienation of affections. Many jurisdictions primarily appoint non-physical acts and threats as dignitary torts. Historically, dignitary torts were mostly reserved for battery, assault, false imprisonment, and similar physical actions.

Non-Intentional Torts

There is also a type of non-intentional dignitary tort that can be committed, and it is referred to as negligent infliction of emotional distress. In this case, a victim is subjected to emotional distress and/or mental anguish as a result of another person’s non-intentional act. For example, a man could take nude photos of his girlfriend, show his friends as a joke, and as a result, cause her severe emotional stress and harm to her dignity. However, most jurisdictions simply categorize negligent infliction of emotional distress as just another form of basic negligence.

Where to Get Trusted Legal Advice

If you believe you or someone you love is a victim of defamation, negligent infliction of emotional distress or another intentional tort, contact a seasoned Indianapolis personal injury attorney to learn more about your case. You may be entitled to compensation for your damages and losses that result from the harm they have caused.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about making a personal injury claim in Indianapolis, Indiana. Experienced personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after suffering harm at the actions of another. We offer free initial consultations and never collect lawyer fees unless we recover for you.

Basics Surrounding Torts and Tort Law

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

A tort is a civil wrong-doing; an action that is either purposeful or unintentional. In fact, the term “tort” literally means to harm, twist, or wrong in the Latin language. Damages resulting from these civil wrong-doings are remedied and remunerated by tort laws. Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. It is common for victims or families of victims to outsource professional legal counsel following a personal injury accident, in order to purse compensation for their related and prolonged damages.

Torts wrongfully cause injury or harm to another person. As mentioned before, these injuries can either result from negligence or intent. The chief purpose behind tort law is to protect individuals that have suffered serious injuries as a result of another person or entity’s negligence or intent. It protects victims of personal injury by providing relief for pain, suffering, and exemplary damages incurred; as well as, to thwart others from committing the same negligence acts.

Negligent Torts

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts. The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. This brings us to Strict Liability Law.

Strict liability happens when a tort occurs, even though a person or company took all necessary precautions to prevent it, or never intended for it to happen in the first place. One example to better understand strict liability is product defect lawsuits. A children’s toy may cause a toddler to choke, even though the manufacturer took all necessary precautions to avoid such an accident from occurring. Another example would be statutory rape, minor liabilities, and abnormally dangerous activities (i.e. watercraft sports, rock climbing, snowboarding, etc.). Although all of these accidents occur unintentionally, they are still perceived as negligence in the eyes of the court. Tort law allows victims of such accidents to recover compensation for damages resulting from their injuries.

Intentional Torts

Unlike negligent torts, intentional torts can lead to imprisonment and jail time. This is because an intentional tort was deliberate, planned, and calculated. Examples of intentional tort includes assault, battery, rape, defamation, trespassing, false imprisonment, bullying, and more. If a person causes a tort by choice with the understanding of what will happen to a victim, they can be held accountable for compensation and persecution by the court of law.

Indianapolis Tort Lawyers

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about tort law and tort lawsuits in Indianapolis, Indiana. Personal injury attorney, Daniel Craven, and his fellow accident lawyers, are well-versed in tort law and can answer your questions anytime. We offer free initial consultations to assess whether or not you have a case. We care about our clients and fight hard to obtain the full and fair compensation they deserve. That is one reason why we never collect attorney fees unless we prevail for you! Call our Indianapolis personal injury law firm at 317-881-2700 and schedule your free initial appointment to discuss your tort accident in Indiana today!