subject: Distinguishing Between Negligence And Intent In Personal Injury Cases [print this page] Personal injury is a broad area which can be distinguished into two categories: (1) injuries which resulted from the negligence or carelessness of another person or entity and (2) injuries caused by the intentional acts of another person or entity. Whether the act was negligent or intentional, an injured plaintiff has the right to seek just compensation by means of the legal process. The damages you will be able to seek in personal injury cases depends on whether the wrongful conduct was intentional or merely negligent. Intentional acts often give rise to punitive damages, which are awarded by a judge or jury to punish the defendant and attempt to prevent the same or similar conduct in the future.
Conduct is considered merely negligent if the wrongdoer did not intend to cause harm to the plaintiff, but through lack of due care in his or her actions, caused the injury. To prove negligence in court, the victim should be able to explain that the defendant 1) had a duty to exercise reasonable care, 2) breached that duty of care, 3) caused injuries to the victim, and 4) that could have been prevented had the defendant not committed the breach. Negligence cases are the most common of all personal injury cases, and arise out of such incidents as slip and fall accidents, medical malpractice, defective products, or motor vehicle accidents.
Intentional conduct occurs when the wrongdoer commits an act in order for the purpose of causing harm to another person or to property. Intentional acts which cause harm to others are also called torts. Under the law of torts, even if the person does not necessarily intend the act to result in injury, but commits the act knowing it will cause harm to others, it is considered a tort. Some states define tort as the action which a sensible person knows will harm another person or property. Personal injuries resulting from intentional actions are common in sexual or spousal abuse, assault, battery, kidnapping, or fraud. People who commit torts are subject to criminal punishment, as well as civil actions to compensate the victims of their wrongful conduct.
Whether an injury stems from a negligent or intentional act, the victim is entitled to seek compensation from the wrongdoer in civil court. It is advisable for injury victims to consult with an experienced personal injury attorney to discuss whether punitive damages are available in their case. In Texas, Robert Brunkenhoefer has been representing injury victims for over 37 years. Visit http://www.brunklaw.com to learn more about the firm or call (800) 888-8808 today to schedule your free consultation.
