Compensatory damages are those that directly repay the victim for their costs, including medical expenses, lost wages, and more. Non-compensatory damages focus on areas like pain, suffering, and emotional trauma. Intentional torts have a broader scope, and the damages may be more generous because the defendant caused harm purposely rather than accidentally.
Also, the chance of punitive damages is higher with an intentional tort. How you prove, your case depends on the tort you file. You must use a preponderance of the evidence to show the court that the defendant is responsible for those damages. In intentional tort cases, you must prove intent. Meaning, you must show that the person caused your injuries purposely and they knew the consequences of their actions.
If you are injured, the last thing you need to worry about is what type of tort you can file. Instead, you should speak with an attorney. Seeking compensation against a person or company is a big step, and it requires legal representation.
We will review your case and help determine the type of tort you have. Then, we will aggressively represent your right to compensation in court. Schedule your free case evaluation at one of our three office locations or contact us online. Skip to content Call Today for your free consultation Menu. Experienced at winning cases for people who need justice.
The Four Elements of Negligence-Based Torts To file and win a negligence-based tort, you must prove that four elements exist: The defendant owed you a duty of care. The duty of care refers to the expected behavior of a reasonable person in a similar situation to the defendant.
This implied duty of care often comes about as a duty to aid , or a duty to protect another, e. A passerby does not have a duty to aid, but if the individual tries to help, then he or she is responsible for acting responsibly.
Negligence case decisions are influenced by whether or not a defendant could have predicted that an action or inaction could have resulted in the tort, or foreseeability Baime, Responsibility is often based on whether or not the harm caused by an action or inaction was reasonably foreseeable , which means that the result was fairly obvious before it occurred Baime, A person assisting an inebriated individual into her car could be considered negligent due to the likelihood that harm would come to her while she is driving in an intoxicated state.
This situation is an example of the foreseeable probability of harm. Intentional torts and negligence arise based on intentional and unintentional acts committed by individuals. Damages are decided in civil courts by first determining fault and harm, and then by assigning a remedy.
Sometimes, the damage can be excused if the circumstances indicate that the defendant acted with permission, or in his or her own defense. The main standard used to make a decision is the reasonable standard of care: what would a reasonable person do? As an Amazon Associate we earn from qualifying purchases. Want to cite, share, or modify this book? Skip to Content Go to accessibility page. Business Law I Essentials 6. My highlights. Table of contents.
Answer Key. Figure 6. Functions During a Tort Litigation. Table 6. Previous Next. Order a print copy As an Amazon Associate we earn from qualifying purchases. We recommend using a citation tool such as this one. To establish an intentional tort, a plaintiff typically has to prove that a defendant has intentionally acted in a way that caused injury to the plaintiff. So, for example, to establish a claim for battery, the plaintiff must show that the defendant 1 intentionally 2 made contact with the plaintiff that 3 caused 4 harm to the plaintiff.
On the other hand, to establish a claim for negligence, the plaintiff typically has to prove that a defendant:. In other words, a plaintiff must show that the defendant 1 owed a duty of care to the plaintiff typically a duty of care to act as a reasonable person , and 2 breached that duty of care to the plaintiff i. As torts, intentional torts and negligence are civil cases, which means that damages are typically awarded in the form of money, as opposed to criminal acts, in which a defendant may be punished by jail time.
However, some types of torts can be considered civil matters as well as criminal matters. Damages for negligence come in the form of economic damages, such as reimbursement of medical bills, as well as non-economic damages, such as pain and suffering. Intentional torts are often broader in scope and may be more generous because the defendant acted purposely rather than negligently.
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