A tort is any conduct that causes another party to be injured or harmed. When someone causes you to sustain an injury, you can sue them for damages under Texas tort laws. Many personal injury claims are based on negligence. However, intentional torts are also grounds for a personal injury case.
What Are the Legal Elements of an Intentional Tort Claim in Texas?
A civil claim does not result in criminal penalties. Instead, a civil claim seeks compensation for the harm caused by the defendant’s (i.e., at-fault party) actions. Even if the state does not file criminal charges, you can seek compensation through a civil claim.
The legal elements required to prove an intentional tort are:
- The defendant acted willingly, knowingly, and purposefully to injure or harm you.
- You did not give your consent to the defendant for their conduct.
- The defendant’s intentional conduct caused your injuries.
- You sustained damages because of the defendant’s intentional conduct.
The proof required for a civil claim is by a preponderance of the evidence, which is a lower standard than the “beyond a reasonable doubt” standard in the criminal law system. You must convince a jury that it is more likely than not that the defendant caused your injuries. In other words, there is more than a 50% chance that the defendant’s intentional acts caused your injuries and damages.
Examples of Intentional Torts for a Dallas Personal Injury Case
Many types of intentional torts could result in a personal injury case. Three of the most common intentional torts in personal injury matters are:
Assault
Texas Penal Code §22.01 defines assault as:
- Recklessly, knowingly, or intentionally causing bodily injury to someone;
- Knowingly or intentionally threatening someone with imminent bodily harm; OR,
- Knowingly or intentionally causing offensive or provocative physical contact with another person.
Assault is among the most common grounds for intentional tort claims. Each of the criminal case elements involves “intentionally” causing harm to someone.
False Imprisonment
A person can be charged with false imprisonment if they unlawfully and intentionally prevent someone from leaving. Preventing someone from leaving can mean the defendant used restraints to hold the person somewhere or locked the victim in a room, building, or other space. It can also include threatening someone with harm if they leave or lying to them to keep them in a specific place.
Intentional Infliction of Emotional Distress
A person may intend to cause someone emotional distress through extreme and outrageous conduct. For example, they may hurt a loved one to cause the victim mental anguish. Intentional infliction of emotional distress can result in PTSD, debilitating depression, and other psychological disorders.
What Types of Damages Can I Recover for Intentional Torts?
A victim can recover compensatory damages for intentional tort claims. Examples of the economic and non-economic damages in an intentional tort case include:
- Emotional distress and mental anguish
- Past and future medical expenses
- Out-of-pocket expenses
- Disfigurement, impairment, disability, and scarring
- Rehabilitative therapies
- Loss of enjoyment of life and quality of life
- Diminished earning capacity
- Pain and suffering
- Lost wages and employment benefits
In addition to compensatory damages, a jury may award punitive damages in an intentional torts lawsuit. Punitive damages punish a defendant for gross negligence, malice, or fraud.
The code defines malice as the specific intent to cause substantial harm or injury to someone. Intentional torts are common personal injury cases involving punitive damages.
Factors That Determine How Much Your Intentional Torts Case Is Worth
The amount you receive for intentional torts claims depends on the factors in your case. Factors that can impact the value of damages include, but are not limited to:
- Types of injuries
- The duration of your recovery and the medical treatment you receive
- The severity of impairments, disabilities, and disfigurement
- Whether you are partially to blame for causing your injuries
- The strength of your evidence proving your claim
- The parties involved in the case
- The availability of insurance coverage
- Your ability to return to work
If punitive damages are awarded, the amount you receive for your claim increases. Punitive damages are only awarded in lawsuits. However, an attorney may use the threat of punitive damages as a negotiating tool for settlements.
How Can a Personal Injury Attorney Help With an Intentional Tort Case?
Even though the party intentionally caused your injuries, proving your claim may be challenging. A Dallas personal injury attorney can help you with your case by:
- Investigating the circumstances that led to your injuries
- Identifying all parties who could be responsible for damages
- Gathering evidence to prove your claim, including retaining expert witnesses when necessary
- Calculating the value of your damages for settlement or trial
- Negotiating a fair settlement for your case
- Defending you against allegations of blame and fault
- Aggressively arguing your case at trial if settlement is not possible
Hiring a personal injury attorney as soon as possible after your injury can significantly improve your chances of winning your case. Depending on the circumstances of your case, you may have claims against the person who caused your injury, their employer, a business, and other parties.
What Is the Deadline to File a Lawsuit for Intentional Torts in Texas?
The statute of limitations for most personal injury cases is two years in Texas. However, exceptions and factors of your case can shorten or lengthen the time to file a lawsuit. It is in your best interest to seek immediate legal counsel after an injury to avoid losing your right to file a lawsuit.
Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help
For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.
Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.
Bush Personal Injury and Car Accident Lawyers LLC
701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394