How Intentional Tort Differs From Other Personal Injury Claims

Typically, someone that has filed a personal injury claim seeks compensation from a negligent individual. The careless and neglectful actions of the person targeted by the claim caused the injuries that were suffered by the claimant. The same cause and effect relationship do not exist in instances of intentional tort.

The noteworthy feature of occurrences of intentional tort stems from the harmful purpose of one individual. The level of the harm can vary, ranging from a simple injury to a catastrophic injury, or even death. Keep in mind the fact that the defendant carried out an intentional and purposeful action, not some act that caused an accident.

The legal system does not encourage the performance of acts of revenge. That is why some personal injury lawyers in Sault Ste Marie handle cases of intentional tort. Frequently, the defendant sought to get even with someone that had treated him or her unfairly.

The law does not support the actions of a vigilante. If someone has wronged you, you should use the court system to seek a fair compensation. The police force and the court system enforce the law. They do not condone the actions of someone that has carried out an act of intentional tort.

How does the victim get compensated?

Using the court system, the plaintiff has the ability to seek monetary compensation for damages. Those damages include all the medical bills, those received while being treated for the violently-inflicted injuries. If the injured party needs any special medical equipment, then that, too, should be covered by the payment for damages.

The injured party usually needs to take time off from work. Hence, he or she must be compensated for any lost earnings. In addition, violence done to the plaintiff often manages to cause a certain amount of property damage. The plaintiff must receive enough funds to cover all that property damage. Even if some of the damaged items did not belong to the plaintiff, he or she still remains responsible for obtaining the money that can be paid to the rightful owners.

Finally, the victim usually receives a sum that the court refers to as punitive damages. That is money that the defendant must pay, owning to the egregious nature of his or her actions. The legal system hopes that payment of punitive damages serves to remind the accused defendant of the court’s opinion of his or her actions.

Admittedly, the payment of punitive damages does not remove the harmful intent of the person that chose to perform a decidedly violent act. Still, it does highlight the fact that no person should give thought to carrying out an act of revenge, in order to address an unfair action by someone else.