In an intentional torts claim, the defendant is alleged to have harmed someone else on purpose. In a negligence claim, the defendant is alleged to have harmed someone else by merely being careless. The elements that must be established for a plaintiff to have a successful claim are similar but differ as to intent. To establish an intentional tort, a plaintiff typically has to prove that a defendant has intentionally acted in a way that caused injury to the plaintiff.
So, for example, to establish a claim for battery, the plaintiff must show that the defendant 1 intentionally 2 made contact with the plaintiff that 3 caused 4 harm to the plaintiff.
On the other hand, to establish a claim for negligence, the plaintiff typically has to prove that a defendant:. In other words, a plaintiff must show that the defendant 1 owed a duty of care to the plaintiff typically a duty of care to act as a reasonable person , and 2 breached that duty of care to the plaintiff i.
As torts, intentional torts and negligence are civil cases, which means that damages are typically awarded in the form of money, as opposed to criminal acts, in which a defendant may be punished by jail time. However, if the defendant committed an intentional tort, he or she could also receive a criminal conviction.
Note that being convicted of a crime does not immediately make the defendant civilly liable for your losses. You will still need to establish fault through clear and convincing evidence.
A criminal conviction can work in your favor to convince a judge and jury of the authenticity of your claim. Even if a criminal case against the defendant does not result in a conviction, you could still have grounds for a civil claim. It is possible to win a civil claim even without a criminal conviction, as the burden of proof for a criminal vs. To convict the defendant of a crime, the prosecutor will need enough evidence to prove his or her guilt beyond a reasonable doubt.
Nevada law allows individuals to use the courts to seek justice when another person commits a wrong against them. An essential part of ensuring a successful recovery after sustaining injuries is knowing what type of legal action to pursue. This consideration is especially important when it comes to the difference between intentional torts and negligence.
Negligence is a failure to use reasonable care. As we go about our business in the world, we have a duty not to act in ways that pose an unreasonable danger to others. When a lapse in that duty of care results in an injury to someone else, the negligent person owes the victim for their damages. There are four essential elements in a negligence claim :. An intentional tort occurs when someone acts on purpose.
That is, a person purposefully intends the action that results in your injuries. Battery is considered an intentional tort. When a person strikes you on purpose, you can recover your damages. Other examples of intentional torts include trespassing, theft, causing emotional distress and false imprisonment.
Intentional infliction of emotional distress also falls under this category, which occurs when a person engages in conduct with the intention of inflicting extreme fear in another person. This can lead to physical harm in addition to emotional distress.
Other common intentional torts are wrongful death when intentional actions resulted in death, fraud, defamation and invasion of privacy. The purpose of a criminal case is to punish the defendant for his or her intentional tort, while the purpose of a civil case is to force the defendant to pay for your damages. The burden of proof remains the same between a claim based on negligence and one based on an intentional tort.
You or your lawyer will need to prove the defendant is more likely than not responsible for your damages, regardless of whether that responsibility stemmed from a careless act or the intent to harm you. The burden of proof in a criminal case against the defendant, however, is enough evidence to establish guilt for the crime beyond a reasonable doubt.
Even if a criminal case does not result in a conviction, you could still win your civil case against the same defendant due to different burdens of proof. Use a New Mexico personal injury attorney to represent you during a claim in New Mexico for your best chances at success.
Contact us today. August 02, What Is an Intentional Tort? What Is Negligence?
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