A tort is a civil wrong that causes harm or injury to someone, leading to legal liability. Torts often result from negligence, which means failing to use reasonable care. However, intentional torts involve deliberate acts that cause injuries.
Many intentional torts overlap with criminal laws in California. However, victims can bring civil actions for compensation, which are separate from criminal cases. A civil case can result in substantially more compensation for the victim compared to criminal restitution.
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Examples of Intentional Torts in California
You don’t necessarily need to break the law to commit an intentional tort. However, many of the examples of intentional torts are related to criminal offenses.
Examples of intentional torts include:
Assault
Assault is defined as an unlawful attempt to commit violent injury when a party has the present ability to do so. The offender does not need to physically touch the victim to commit assault.
Battery
On the other hand, battery is the unlawful and willful use of violence or force to injure someone else. It is not an attempt like assault. Instead, the victim suffers actual physical harm because of the offender’s actions.
False Imprisonment
False imprisonment is an unlawful violation of someone’s personal freedom. In a civil case, the offender must have intentionally confined, detained, or restrained the victim against their will.
Trespass
Trespass occurs when an offender enters someone’s property without the right to do so. An intentional tort may exist if the person willfully harms, destroys, or trespasses on someone’s property.
Intentional Infliction of Emotional Distress
The conduct must be outrageous and extreme in addition to being intended to cause emotional distress. In some situations, acting with reckless disregard, knowing that the actions could cause emotional distress to those present, may result in a civil claim.
Proving Liability for an Intentional Tort in a California Personal Injury Case
In a criminal case, the state has the burden of proving that the defendant committed the crime beyond a reasonable doubt. If the defendant is guilty, the court issues criminal penalties, such as fines and jail time. However, civil cases for intentional torts do not require the same level of proof and have different outcomes.
In a civil case for an intentional tort, the burden of proof is by a preponderance of the evidence. You only need to prove there is a greater than 50% chance that the facts support the elements of the tort.
Proving an intentional tort claim requires you to establish:
- The other party purposefully, knowingly, and willingly caused you to be harmed
- You did not consent to the other party’s actions or conduct
- The other party’s conduct was the direct and proximate cause of your injuries
- The party’s intentional tort caused you to sustain damages
Negligence differs from intentional torts. You are not proving that the person failed to use reasonable care to avoid causing an accident or injury. Instead, you are proving that the person acted with the intent of causing injury and harm.
What Damages Are Available in Intentional Tort Claims in California?
The compensation could include economic damages and non-economic damages.
Examples of the damages you could receive in an intentional tort claim include:
- The cost of medical treatment and care
- Emotional distress and mental anguish
- Property damage
- Out-of-pocket expenses
- Lost wages and benefits
- Physical pain and suffering
- Occupational, physical, and other rehabilitative therapies
- Impairments and disabilities
- Reduced earning capacity
- Scarring and disfigurement
- Household services and personal care
- Loss of enjoyment of life
- Diminished quality of life
The value of your damages depends on the facts of your case. Generally, the value of damages increases as the harm and injuries caused to the victim increase. However, other factors can impact how much an intentional torts case is worth.
In addition to compensatory damages, some cases may qualify for punitive damages. These damages are not intended to compensate a victim for their losses or harm. Instead, punitive damages “punish” the defendant for their behavior.
However, the victim must prove that the defendant acted with malice, oppression, or fraud. Malice is willfully despicable conduct done without regard to the safety of other people. Oppression is despicable conduct that causes someone cruel and unjust hardship with a conscious disregard for their rights.
What Should I Do if Someone Causes Me Intentional Harm in California?
If you are injured because of someone else’s conduct, seek immediate medical treatment for your injuries. Your health is your top priority. Documenting your injuries is also crucial for a personal injury case.
As soon as possible, report the injury to the police. Filing a police report documents the situation and begins a criminal investigation into what happened.
An Experienced Personal Injury Lawyer Can Help
Contact our law office in San Diego or call us at (619) 777-5555, our skilled attorneys at Mission Personal Injury Lawyers offer a free consultation. An attorney will guide you through the claims process and work to protect your right to compensation for damages in a civil action.
