When someone commits a wrongful act held liable by law against you, you are entitled to seek justice. It is important to know what type of legal action to pursue in order to ensure a successful case.

There are two main causes of injury in personal injury cases, namely intentional and negligent acts, which both belong under the umbrella of “tort” law. Torts are wrongful acts committed against someone else. Although both fall under the same category, the way each is approached and the damages awarded differ. If you have been injured in any incident where you feel that you are not to blame, you should consult a personal injury lawyer. But first, you should familiarize yourself with the two types of acts in order to know the legal action you should take.

What Classifies as Negligence?

The primary difference between both causes is intent. We all have a duty to act responsibly in all that we do so as not to pose a danger to people around us. But sometimes, due to certain reasons, we were unable to exercise care in our actions, causing injury to someone else. In negligence claims, the defendant is alleged to have harmed someone as a result of lack of exercised caution and care.

The four key factors in a negligence claim are:

• Standard of Care: The defendant is in a setting where they are required to act carefully. For instance, drivers have to uphold the responsibility of driving safely and carefully on the road.
• Breach of Duty: The defendant fails to act with care as expected.
• Causation: That failure has caused injury to someone.
• Damages: The victim has sustained property, emotional or physical damages as a result.

What Classifies as Intentional Acts?

In intentional torts claims, the defendant is alleged to have harmed another person on purpose, causing injury. Forms of intentional torts include battery, theft, trespassing and infliction of emotional distress.

The four key factors in a intentional torts claim are:

• Intent: The defendant has the intention prior to contact with the victim to inflict harm upon them, be it physical or emotional.
• Contact: The defendant has had contact with the victim at the point of the incident or prior to it.
• Causation: The defendant has caused injury to the victim.
• Damages: The victim has sustained property, emotional or physical damages as a result.

Damages in Tort Cases

Both torts are classified as civil cases, meaning that damages are usually awarded in the form of money rather than punishing the defendant with jail time. However, certain torts can be classified as both civil cases and criminal acts. For instance, if the defendant has punched someone in the eye, they may be charged for both battery and criminal assault.

The damages for negligence claims can be monetary damages like medical bills, but can also be non-monetary damages like pain suffered. As most intentional torts are also crimes, the damages awarded can be more generous. Intentional torts claims may include disciplinary damages to discourage and/or punish similar behavior.