Intentional Tort: Intent Not Injury is the Focus

Intentional Tort

Intentional Tort Case: Intent Not Injury is the Focus

As an injured party, it is understandable that your focus is on the injuries and damages that occurred as the results of the actions of another party or entity. However, when it comes to intentional tort, the focus of a legal case will focus instead on the issue of “intent.” If an at-fault party is accused of an intentional tort, it means that person committed a wrongful act deliberately.

The mindset of the tortfeasor (person who committed the wrongful act) in an intentional tort case is the most important consideration. A tortfeasor may commit a tort (wrongful act) without intent, such as in the case of most auto accidents.

There is a fine line between a neglectful and deliberate act in many cases. However, the distinction is important. A tortfeasor may avoid liability if it can be proven he or she did not intentionally commit the act. Depending on the circumstances of your case, you may need a highly experienced intentional tort lawyer to represent you.

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Types of Intentional Torts

The most common types of intention torts include slander, libel, fraud, misrepresentation, assault, battery, and false imprisonment. A commission of an intentional tort may also come into play during wrongful death cases, depending on the specific circumstances. Again, the focus in these types of tort is the intent of the wrongful act. An intentional tort may also constitute a crime but not all intentional torts are crimes by default.

Battery is considered both an intentional tort and a crime at both state and federal levels. You bring a civil intentional tort case against a tortfeasor accused of battery regardless of the outcome of any criminal proceedings. It is then up to your lawyer to build a strong case to prove the wrongful act was intentional. The fact you were injured bears no relevance to the intention of the tortfeasor.

Intentional Tort Lawyer, Georgia

Intention can be difficult to prove, even in civil cases where the burden of proof is much lower. The subtleties that separate intentional torts and negligent torts can result in complex issues where both the injured and accused walk a very fine line in presenting their respective cases. You may need to consult with, and hire, a highly experience intentional tort lawyer who has the expertise to tip the scales of justice in your favor.

H. Lehman Franklin P.C. brings over 30 years of experience to the table when you choose our firm to represent you in an intentional tort case. You can avail of a free consultation over the phone, at our offices, in your home, or at your hospital bedside. The firm of H. Lehman Franklin P.C. will handle your case with compassion, understanding, and in complete confidence. Reach out to our offices by phone at 912-764-9616 if you have been injured due to the intentional wrongful actions of another party in Georgia. You can also reach us by email at info@hlfranklin.com. We want to hear from you and offer impartial advice on the specific circumstances of your case.