Written by Malman Law, reviewed by Steve J. Malman.
There are different rules that apply to different types of injuries. These are known as torts. Torts are based on whether an incident was intentional or accidental. The type of tort will ultimately dictate how a lawsuit proceeds in court or during negotiations. While personal injury cases all have unique factors, most claims are based on two types of torts:
The first is what is referred to as a “negligent tort,” while the second is what is referred to as an “intentional tort.” It is important to understand the differences between these two types of torts – and how they play a role in your own accident and injury.
Negligence-based torts encompass most accident cases. These include everything from auto accidents to slip and fall injuries, etc. In these types of cases, the plaintiff must establish that there was a duty of care, the duty was breached, that breach led to injury, and the injury resulted in damages (financial losses and pain/suffering). These are the most common type of personal injury claims filed, and most injuries will be considered negligent torts.
These are not as common as negligent torts. Intentional torts are those that involve purposeful acts. This means that the defendant purposely caused harm and injury to the plaintiff. These acts can have the intent to cause harm, or an offense to another person can lead to injury. Intentional tort injuries include acts such as:
Most intentional torts will also carry criminal punishments. For example, if a person assaults and/or batters another, then he or she is likely to face criminal charges for the act as well. Even if the criminal charges are dropped or the criminal case is not successful, the civil case could win.
If you have been injured in a negligent or intentional act, you have the right to collect compensation for your injuries. The team at Malman Law is here to help you collect compensation for your medical costs, lost wages, pain and suffering, and more. Schedule a consultation with our attorneys today by calling our offices or requesting more information online.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024
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