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.
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.
To prove an intentional tort, several legal elements must be established:
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.
Assault occurs when a person intentionally threatens another with harm, creating fear of imminent danger, even if physical contact does not occur.
Battery involves deliberate physical contact that results in injury, such as striking or pushing someone without their consent.
In cases of conversion, a person intentionally takes or interferes with another’s property, depriving them of its use or possession.
False imprisonment happens when someone intentionally confines another person against their will without legal justification.
This tort involves actions that are so outrageous that they cause severe emotional trauma to the victim, such as harassment or public humiliation.
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.
Yes, victims of intentional torts can recover compensation for their injuries and losses. Damages in these cases typically include:
This includes hospital bills, surgeries, medications, and ongoing treatment related to the injury.
Compensation may cover repair or replacement costs for any personal property damaged in the incident.
Victims can also recover compensation for pain and suffering, emotional distress, and loss of enjoyment of life caused by the intentional tort.
Navigating an intentional tort claim can be challenging without legal representation. At Blackburn Romey, we provide:
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.
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.
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.