Can You Bring A Personal Injury Claim Against Someone For An Intentional Injury?
Were you injured by the wrongful actions of another party? You may be aware that you can bring a personal injury lawsuit against a negligent person, business, or organization that is responsible for your accident. What happens if you are intentionally harmed by another? Can you still bring a personal injury claim? The answer is “yes”—you may have an intentional tort claim against the defendant as well as a negligence claim against a third party. Here, our Miami personal injury attorneys explain the key things to know about seeking compensation for an intentional injury.
What is an Intentional Tort?
An intentional tort is a civil wrong that occurs when a party intentionally harms another. Unlike unintentional torts, which are accidents or acts of negligence, intentional torts involve a deliberate act or omission that causes harm or damage. Examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress (IIED).
In some cases, the party who commits the intentional tort may also face criminal liability. For example, a person who physically attacks another person and causes a severe injury may be arrested and charged with battery. The criminal justice system is separate from the civil justice system. The victim may have a civil claim against the offender to recover compensation.
An Injured Victim May Also Have a Claim Against a Negligent Third Party
In cases of intentional torts, the actual offender can be held legally responsible for the harm caused to the victim. However, there are instances where the offender may not have the financial resources to fully compensate the victim for their losses. In such situations, the victim may have a claim against a third party who was negligent and contributed to the harm.
For example, if a victim is assaulted on a property that has inadequate security, they may be able to bring a premises liability or negligent security claim against the property owner. This claim would allege that the property owner failed to provide reasonable security measures to prevent such an attack, which contributed to the victim’s harm.
Recovering Compensation for an Intentional Tort in Florida
Intentional torts can result in severe harm to the victim. In Florida, you have the legal right to pursue compensation for your economic and intangible damages. What compensation is available will depend, in large part, on the specific circumstances. It is crucial that you have an experienced attorney on your side. The right Miami personal injury lawyer will help you maximize your financial recovery for an intentional tort. You may be entitled to damages for:
- Property loss;
- Emergency medical care;
- Hospital bills;
- Rehabilitative treatment;
- Lost wages;
- Loss of earning power;
- Pain and suffering;
- Emotional distress;
- Wrongful death; and
- Punitive damages.
Set Up a Free Consultation With Our Miami, FL Personal Injury Lawyer Today
At Pike & Lustig, LLP, we fight to protect the rights and interests of victims and their families. If you or your loved one was intentionally injured by another party, we are here to help you explore every path to recover full and fair compensation. Call us today for a no cost, no obligation case review. From our offices in Miami, West Palm Beach, and Wellington, we represent injured victims and their families throughout Southeastern Florida.