An intentional tort is a civil wrong where one person deliberately causes harm to another. Unlike accidents or negligence, intentional torts involve purposeful conduct meant to injure, offend, or interfere with someone’s rights.
In Texas, victims of intentional torts can pursue compensation through a personal injury lawsuit, separate from any criminal charges the wrongdoer might face.
Intentional Torts vs. Negligence
Personal injury claims may arise from negligence or intentional torts. The key distinction between negligence and intentional tort claims is the element of intent.
Negligence
Negligence claims require you to prove that the at-fault party failed to exercise reasonable care. The party must have owed you a legal duty of care. For example, a person has a duty to follow traffic laws when operating a vehicle.
The person must have breached the duty by failing to use reasonable care, such as making an unsafe U-turn. The driver’s actions were the direct and proximate cause of your injuries and damages.
Intentional Torts
Intentional torts are civil wrongs based on intentional or knowing conduct. Texas courts generally require proof that the party either intended a harmful result or knew with substantial certainty that harm would occur.
Intentional torts generally require proof that the party intended the act, whereas negligence involves carelessness.
Common Types of Intentional Torts in Dallas Personal Injury Cases
Many intentional torts involve criminal acts. However, the conduct need not rise to the level of a criminal offense to support a personal injury claim.
Examples of common types of intentional torts include:
Assault and Battery
Some states separate assault and battery into two offenses. Assault is the threat of imminent physical harm, and battery is actual physical contact. In Texas, these offenses are combined into a single criminal charge.
According to Texas Penal Code §22.01, assault is recklessly, knowingly, or intentionally causing bodily injury to someone. It also includes intentionally causing physical contact with someone that the party knows or should reasonably believe will be offensive or provocative to the victim. Threatening another person with imminent bodily harm is also included in the definition of assault.
A criminal charge of assault may include recklessly causing harm. An intentional tort claim focuses on the “intent” or “knowledge” elements to distinguish it from a negligence claim.
False Imprisonment
False imprisonment is the intentional confinement of a person without their consent or legal authority. For example, a store security officer detains a customer without a reasonable belief of theft and against the customer’s will. Another example includes a person locking someone in their home and refusing to let them leave or call for help.
Defamation
A person defames someone when they make a false statement about them that harms their reputation. Libel is a written statement that is false, including statements made online and in printed materials. Slander is spoken statements that are false made to other people in person or through other means, such as on a cell phone or broadcast.
You must prove that the statement was false and that it was communicated to others. You must prove the party acted with the requisite degree of fault. The degree varies based on the victim’s status and whether the statement involves a matter of public concern.
Intentional Infliction of Emotional Distress
A claim for intentional infliction of emotional distress involves conduct that is so extreme and outrageous that it causes severe emotional harm. You must prove the party’s actions were intentional or reckless, and you endured severe emotional harm.
The emotional harm must be so intense that it impacts your daily life. Generally, courts only allow this type of claim when there is no common law or statutory remedy available.
Damages Available for Intentional Tort Victims in Texas
Recovery for intentional tort claims includes compensatory damages. These damages compensate the victim for financial losses (economic damages) and suffering (non-economic damages).
Examples of compensatory damages include:
- Medical expenses and costs
- Pain and suffering
- Scarring and disfigurement
- Lost wages and earning capacity
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Impairments and disabilities
- Loss of enjoyment of life and quality of life
These damages are intended to make victims whole and hold wrongdoers accountable for the full scope of harm their intentional actions caused.
Filing an Intentional Tort Claim in Dallas
The statute of limitations for most intentional tort claims is two years. There are exceptions, such as the one-year deadline for filing defamation claims.
Claims filed after the two-year deadline can be dismissed by the court, even if the victim has a valid claim. It is crucial to seek legal counsel as soon as possible to protect your rights.
Do not assume a criminal case protects your rights. Criminal proceedings are separate from civil cases for intentional torts. The government must bring criminal charges and prove the defendant’s guilt beyond a reasonable doubt for a conviction.
Injured victims bring civil cases for intentional torts. The burden of proof is lower in civil cases. Victims only need to prove their case by a preponderance of the evidence to win. The evidence must convince the jury that it is more likely than not that the victim’s allegations are factual.
Contact Benton Accident & Injury Lawyers for a Free Consultation
If someone deliberately caused you harm in Dallas, you may have grounds for an intentional tort claim. Benton Accident & Injury Lawyers can evaluate your situation and explain your legal options for pursuing compensation. Call today at (214) 556-8321 for a free consultation with a Dallas personal injury lawyer.