Negligence and Intentional Torts in Personal Injury

While most personal injury cases result from negligent actions, called negligent torts, there are some that are intentional, called intentional torts. Know the difference and it can help you start to understand the personal injury process.
The Basics of Negligence and Intentional Tort

Personal injury law is an expansive topic and for that reason some personal injury lawyers tend to narrow their focus down to a few specific or well-connected types of personal injury cases. There are two main categories for personal injury cases: cases that stem from negligence and cases that stem from willful intent to harm. The latter of the two may also fall under the definition of a criminal case.

Negligence is determined by:

1) Proving that there was harm caused to the plaintiff.
2) Proving the defendant was liable for the harm caused.
3) Proving the defendant’s actions did not follow guidelines set by the law.

Intentional Tort is determined by:

1) Proving the defendant intended to act.
2) Proving the defendant committed the wrongful action and it caused the injury.

In a personal injury case negligence is most often cited as the cause of injury. Expert law says an intentional tort arises when a person intends to commit an unlawful act that results in injury. The article also says that many insurance companies will not cover intentional torts. This means it may be more difficult for you to gain compensation for your injuries; however it is also typical that it is easier to gain punitive damages from intentional actions.

Determining whether your case is simple negligence or intentional can be difficult so it is helpful to consult an Oregon personal injury lawyer to help you sort out the specifics of your case.