What Is an Intentional Tort?

Feb 21

An intentional tort an act committed by someone who intends to cause injury to another. When an intentional tort causes a personal injury, it’s vital to understand your legal rights. At Blackburn Romey, we are here to help the people of Indiana find their way through these complicated matters.

What Is a Tort?

A tort is an act or omission resulting in damage to another. Generally, tort law is divided into three categories: intentional torts, negligence and strict liability. While negligence implies an act or omission without intent to injur the other party, intentional torts are carried out deliberately.

Legal Elements Required for Proving Intentional Tort Cases

To prove an intentional tort, several legal elements must be established:

  • Intent: The defendant acted with the intent to cause harm.
  • Action: A deliberate act was carried out by the defendant.
  • Harm: The victim suffered injuries or damages as a direct result of the defendant’s actions.
  • Causation: There is a clear link between the defendant’s actions and the harm caused.

Proving these elements may require substantial evidence, careful documentation, and a thorough understanding of the law, making it critical to promptly seek legal counsel from an experienced attorney.

Examples of Intentional Torts and Personal Injury Claims

Assault

Assault occurs when a person intentionally threatens another with harm, creating fear of imminent danger, even if physical contact does not occur.

Battery

Battery involves deliberate physical contact that results in injury, such as striking or pushing someone without their consent.

Conversion

In cases of conversion, a person intentionally takes or interferes with another’s property, depriving them of its use or possession.

False Imprisonment

False imprisonment happens when someone intentionally confines another person against their will without legal justification.

Intentional Infliction of Emotional Distress

This tort involves actions that are so outrageous that they cause severe emotional trauma to the victim, such as harassment or public humiliation.

Statute of Limitations for Intentional Torts in Indiana

Indiana law imposes a strict deadline for filing intentional tort claims. Victims generally have two years from the incident date to file a lawsuit based on the Ind. Code § 34-11-2-4. Failing to act within this time frame can result in losing your right to seek compensation.

Can I Recover Compensation for Personal Injury Cases Involving Intentional Torts?

Yes, victims of intentional torts can recover compensation for their injuries and losses. Damages in these cases typically include:

Medical Expenses

This includes hospital bills, surgeries, medications, and ongoing treatment related to the injury.

Property Damages

Compensation may cover repair or replacement costs for any personal property damaged in the incident.

Non-Economic Damages

Victims can also recover compensation for pain and suffering, emotional distress, and loss of enjoyment of life caused by the intentional tort.

How Can Hiring an Indiana Personal Injury Lawyer Help Me With an Intentional Tort Claim?

Navigating an intentional tort claim can be challenging without legal representation. At Blackburn Romey, we provide:

  • Case Evaluation: Determining the validity of your claim.
  • Evidence collection: Gathering proof to support your case.
  • Negotiation: Working with opposing parties to secure fair compensation.
  • Trial representation: Aggressively advocating for you in court.

Contact Blackburn Romey for a Free Consultation

If you or a loved one has been injured due to an intentional tort in Indiana, the experienced legal team at Blackburn Romey is ready to help. Contact us today at (260) 422-4400 or visit our Fort Wayne office located at 4203 W Jefferson Blvd for a free consultation about your case.

 

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.