Most personal injury cases stem from an accident of some sort -- a car crash where someone wasn't paying attention, or a slip and fall where ice accumulated on a stairwell, for example. But a small category of personal injury claims are characterized as "intentional torts," meaning that they involve situations in which one person intended to cause harm to another person. The same action that gives rise to an intentional tort claim (filed by the victim in civil court) may also spark a criminal case (filed by the government). In this section, we'll take a look at personal injury claims for intentional tort.
An intentional act can give rise to a personal injury claim, but proving the case can be tricky.
Assault and Battery: Civil vs. Criminal Cases
The same conduct can give rise to both civil and criminal liability. Here's how.
Sexually Transmitted Diseases (STDs) and Lawsuits
The transmission of a sexually transmitted disease can result in both civil and criminal liability depending upon the law of the jurisdiction in which the incident occurs.
This type of intentional tort (which is also a crime) occurs when you're detained against your will.
If you've been arrested, detained, or held against your will -- whether by a police officer, a security guard, or someone else -- you might be wondering whether the action was lawful, and whether there may be a criminal or civil case to pursue. This kind of incident is typically referred to as a "false
What is Excessive Force? Can It Be Battery?
A look at constitutional and tort issues related to civil claims of excessive force.
Injuries Caused by a Security Guard or Bouncer
Injuries caused by security guards at retail outlets or other events -- or by bouncers at clubs or bars -- can result in very contentious litigation. Security guards and bouncers are charged with treading a very fine line. They're expected to protect patrons from unruly guests and to prevent crimes like
Sample Demand Letter - Injured by Store Security
Use this letter as a template if you were injured by a store's security personnel.
Civil Assault and Battery - Sample Demand Letter
Use this letter as a guide when making your own written demand to the insurance adjuster.