Most personal injury cases in Florida are based on negligence. Negligence is the failure to use reasonable care or meet a standard of care for a specific situation. However, other wrongdoings may be the basis of a personal injury case. Intentional torts are an example of another type of personal injury case.
What are Intentional Torts?
A tort is an act that causes someone harm or injury. Civil courts can impose legal liability for torts in the form of financial responsibility for damages. Negligence is an example of a tort.
Intentional torts are torts caused by intentional acts of wrongdoing. In some situations, an intentional tort may be a criminal act. However, a criminal case is separate from a civil case for damages.
Negligence is not a factor because the person intended to cause you injury. In a negligence case, you would not need to prove intent. However, for an intentional tort case, you must prove the person intended to cause you harm to hold them responsible for your damages.
Common Intentional Torts in Tampa, FL
Several types of conduct can give rise to an intentional tort claim. Intentional tort claims include:
- Assault – Assault occurs when a person causes you to be in fear that harm or offensive contact is about to happen. The person does not need to touch you for an assault to occur under Florida law.
- Battery – Battery is similar to assault, except it involves actual contact. A person causes you harm or offensively comes into contact with you. Examples would include slapping you or bushing up against you in a suggestive manner.
- False Imprisonment – False imprisonment occurs when someone prevents you from moving freely by detaining or restraining you without legal authority to do so.
- Theft – Theft is when someone takes your property to permanently deprive you of the property.
- Intentional Infliction of Emotional Distress – Intentional infliction of emotional distress is when someone does something to cause you emotional harm or distress intentionally.
- Trespass – A trespass is when a person intentionally enters your home or property without your permission. Trespassing can also involve damaging your property or diminishing its value.
Proving intent can be one of the most challenging aspects of an intentional tort case because it involves proving a person’s mental state when they committed the act. Another problem you may encounter is a lack of liability insurance. Insurance policies often exclude liability for intentional acts. A Tampa personal injury lawyer can help you pursue all available sources of compensation for an intentional tort claim.
What Damages Are Available for an Intentional Tort Claim in Florida?
A victim of an intentional tort can seek compensation for their economic and non-economic damages. Examples of damages in an intentional torts case include:
- Past and future medical bills
- Impairments and disabilities
- Loss of earnings and income, including future lost wages, diminished earning capacity, and benefits
- Emotional distress and mental anguish
- Long-term care
- Scarring and disfigurement
- Out-of-pocket expenses
- Loss of enjoyment of life and quality of life
- Physical pain and suffering
- Rehabilitative therapies
In addition to compensatory damages, a jury may award punitive damages. The jury awards punitive damages to “punish” the defendant for their wrongful conduct. The damages are paid to the injured party.
How much your intentional tort claim is worth depends on the factors involved in your case. Factors that impact the value of your damages include the severity of your injuries and the amount of your financial losses. Other factors that could impact the value of your claim include the strength of the evidence proving your case, the availability of liability insurance, and whether you sustain permanent impairments.
Steps to Take After an Intentional Tort in Tampa, FL
An intentional tort may leave you injured, confused, and frightened, which can be overwhelming. It may be difficult to think clearly. However, the steps you take could impact the outcome of your personal injury case.
Steps to take after someone commits an intentional tort include:
- Call the police to report what happened immediately. The person who caused your injuries could be charged with a crime.
- Seek immediate medical attention. Documenting your injuries is a vital element of an injury claim.
- If you experience symptoms of emotional distress or psychological conditions, seek mental health therapy.
- Ask witnesses and bystanders for their names and information.
- Document your injuries by creating a journal to note your pain and suffering and taking pictures of physical injuries.
An attorney can help you take additional steps to protect your legal rights, including filing a lawsuit when necessary. Your attorney also handles the legal matters, including gathering evidence and building your case.
What Is the Statute of Limitations for an Intentional Tort Claim in Florida?
Like other personal injury cases, the Florida statute of limitations sets deadlines for filing intentional tort lawsuits. The deadline is typically four years from the date of injury, but exceptions could change the deadline.
It is best not to wait years to file a claim. The longer you wait to contact an attorney, the more likely evidence could be lost or destroyed. Contacting an attorney as soon as possible gives you a better chance of a positive outcome in your case.
If you have questions about an intentional tort or personal injury claim, contact our office for a free consultation with a Tampa personal injury lawyer. We are here to help you get justice after someone causes you harm.
