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 as Personal Injury Claims
A lawsuit for assault and battery can provide compensation for intentional injuries.
Assault and Battery: Civil vs. Criminal Cases
The same conduct can give rise to both civil and criminal liability. Here's how.
What Is Excessive Force? Can It Be Battery?
At what point does use of force by a police officer, jailer, or prison guard turn from reasonable to excessive? Learn what standards judges and juries must look to in civil lawsuits claiming excessive use of force.
Civil Assault and Battery - Sample Demand Letter
Use this letter as a guide when making your own written demand to the insurance adjuster.
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
This type of intentional tort (which is also a crime) occurs when you're detained against your will.
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.
Coronavirus: Can I Be Liable for Getting Someone Else Sick?
While it's unlikely you'll face a lawsuit, you could open yourself up to other liability by endangering the health of others during the coronavirus pandemic.
Injuries Caused by a Security Guard or Bouncer
Learn when a security guard or bouncer—and their employer—might be liable for causing injury to customers.
Sample Demand Letter - Injured by Store Security
Use this letter as a template if you were injured by a store's security personnel.