Personal Injury Litigation

Personal injury litigation can be classified into 2 different categories. These are as follows:

Negligence cases - These arise when the person causing the harm does not actually intend to do so.

Intentional acts/'torts' - These are the wrongful acts of another person which entitles the injured party to seek damages through the court.

This article is about the second category, that is, the intentional 'torts'. ("Tort" is just a fancy word used for the wrongful act committed with an intention of causing harm to the other person.)

An 'intentional tort' is the one that arises when a person "intends to commit the wrongful act" and ends up causing injury to the other person. Even if the injury suffered is far more than what was intended, a case can be filed by the injured against the person causing harm.

However, since most of the insurance policies do not cover the intentional wrongful acts, it can be really difficult to obtain a legal compensation from the person who commits an intentional tort.

There are two possibilities that arise:

• Injuries can result from the acts of more than one person
  


• Multiple causes of action might arise from the same act(by one party)

Thus, there is a big difference between the negligence cases and the intentional torts. To explain this, let us take the example of a daycare center employee who has been given the duty to provide adequate supervision of the premises and to ensure the safety of the children. In this case, if the employee, himself, harms or molests a child, his act will be considered as an intentional tort.

On the other hand, if he just allows strangers in the premises who end up causing harm to the children, the daycare center's conduct may support a legal cause of action for negligence.

Following are the most common intentional torts:

• Assault and battery
  


• Child abuse or molestation
  


• Defamation of character

To conclude, most of the criminal acts support a lawsuit depending upon the intentional wrongful conduct of the criminal.

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