You have been injured. Your injury has occurred at the fault of someone else and now you are left with pain and suffering and hospital bills. You are out of work and now you are left wondering what to do. You deserve to be compensated for any injuries you have sustained due to someone else’s actions, but you may not know whether to file a negligence claim or an intentional torts claim. Because it may not be readily apparent which route is the best way to go in your particular case, you should seek legal advice and representation. If you or a loved one have been involved in an accident, it is in your best interest to contact an experienced Huntsville and Madison County personal injury attorney so that we can strategize about the best possible outcomes for your situation.
Intentional Torts versus Negligence Claims
Under a negligence claim you have to prove that the defendant was reckless or careless in his or her actions. However, under an intentional torts claim you have to prove that the defendant acted, specifically, to harm you or cause you damages. It is not necessary for the defendant to know that an injury would occur based on his or her actions, but simply that he or she meant to carry out the act that caused you injury or damages. An intentional tort can consist of assault, battery, false imprisonment, fraud, intentional infliction of emotional distress, conversion, trespass, or an invasion of privacy. Under these torts, the mental state of the defendant is at issue when deciding whether he or she deliberately acted in a way that caused your injury or damages to your property. Because intentional torts require a certain mindset for the defendant, the amount of compensation that you receive for your injuries can be increased. Because of the difficulty that such claims can bring about, it is invaluable to speak with a personal injury attorney to help you determine the best way to go about proving your case.
Need Legal Advice?
Whether you have sustained injuries due to the negligence or intentional actions of another person, you deserve to be compensated for your injuries. A personal injury attorney can help you determine which claim is best to pursue and can help you determine the best strategies for your case. Because both types of claim can be difficult to prove, legal advice and representation can really help. If you or a loved one have been involved in a personal injury accident, it is in your best interest to contact an experienced Huntsville and Madison County personal injury attorney at Hornsby Watson & Hornsby to help you with your case.