f you or a loved one were injured by someone else’s intentional, violent acts, it is essential to know your legal rights. Intentional injuries may be grounds for a personal injury lawsuit and compensation for your losses. It is important to contact a Los Angeles intentional injury attorney right away so you can fight for damages.
We have a vast case portfolio of helping clients in Los Angeles recover compensation for the intentional injuries they suffered. We are well-equipped to build a strong case against the negligent individuals or entities, and our attorneys are ready to serve injury victims throughout the Los Angeles area.
What Is Intentional Injury?
Intentional injury is harm that someone intentionally inflicts on another person. Legally, it is defined as an act performed by one person on another that intends to cause injury. However, the general or specific intent must be proven for a successful claim or lawsuit.
B.B. v. County of Los Angeles
For example, in B.B. v. County of Los Angeles, Deputy David Aviles pinned Darren Burley to the ground with both knees in an effort to subdue and restrain him. Other law enforcement officers continued to hold Mr. Burley. Mr. Burley lost consciousness and died 10 days later.
A jury found that Deputy Aviles had committed battery by using unreasonable force and allocated 20% of the liability to Deputy Aviles, 40% to the other officers, and 40% to Mr. Burley himself.
While the definition of intentional injury may sound simple, cases that involve intentional injury are often complex. Plaintiffs and defendants alike can greatly benefit from the services of an intentional injury attorney.
Common Examples of Intentional Injury
People cause intentional injury by negligent actions. In California, intentional injury claims are usually considered as personal injury claims.
The most common types of intentional injury include:
An assault occurs when a person intentionally causes another person to fear for their safety or well-being. For example, when a person approaches another in an intimidating manner, makes physical contact, makes verbal threats, or commits any act that causes the other person to reasonably fear for their safety, it may be considered assault.
Battery occurs when a person intentionally makes physical contact with another person without their consent, causing harm or injury. For instance, punching someone constitutes battery.
False imprisonment occurs when a person intentionally restrains another person against their will, restricting their freedom of movement and ability to leave. One example of false imprisonment might be if an employer locks an employee in a room as punishment for not doing what they were told.
Intentional Infliction of Emotional Distress (IIED)
Intentional infliction of emotional distress occurs when a person engages in extreme and outrageous behavior toward another person, causing severe emotional trauma. To be considered an IIED, the defendant must have intended to cause distress or at least knew with substantial certainty that emotional distress would result from their behavior.
Trespass to Land
Trespass to land occurs when a person enters another person’s property without the owner’s consent. Similarly, trespass to chattels occurs when a person intentionally interferes with another person’s personal property without consent or authorization. To recover damages for trespass, one must prove that there was an actual entry by another.
The most common defenses to a claim of trespass are consent and necessity. Consent is when the plaintiff permits the defendant to enter their land. Necessity is when the defendant reasonably believes that entering the plaintiff’s property is necessary to avoid injury or harm.
Determining Potential Liability in Intentional Injury Cases
In order to establish an intentional injury claim in California, you must prove that:
- The defendant acted with intent to cause you harm
- The defendant’s wrongful conduct was a substantial factor in causing your harm
- You suffered legally recognizable damages as a result of this wrongful conduct
If you were injured due to an intentional act of another party, there are potential liabilities that may come into play. When a person intentionally injures you, they may be liable for your injuries.
However, intent is often difficult to prove, and the facts of your case will determine whether a person’s act was truly intentional. A Los Angeles intentional injury attorney from our firm can help you navigate the process and determine the potential liability in your case.
Recoverable Damages in Intentional Injury Cases
Compensation in an intentional injury case depends on several factors, including the severity of your injuries, whether or not you were partially responsible for your injuries, and how much insurance coverage is available to compensate you.
Plaintiffs can potentially recover economic damages and non-economic damages in most intentional injury cases. Economic damages have a concrete value, such as medical bills or lost wages. On the other hand, non-economic damages refer to intangible losses caused by the incident, such as mental anguish or loss of enjoyment of life.
Generally, recoverable damages include:
Current Medical Expenses
Current medical expenses include all costs associated with treating the injuries sustained due to the intentional incident. These may include doctor visits, hospital stays, prescriptions, physical therapy, and any other out-of-pocket expenses associated with your care.
Lost wages include any wages or salary the victim did not earn because their injuries caused them to miss work. To calculate lost wages, your attorney will add together all the income you would have likely earned during the time you were unable to work, including bonuses and commissions if they apply.
Pain and Suffering
Pain and suffering are compensatory damages that are often awarded in intentional tort cases. It includes physical pain as well as humiliation, embarrassment, or anxiety. The victim may recover money for their pain and suffering even if they did not seek medical treatment for their injuries.
Emotional distress may be one of your recoverable damages, although it is not always easy to prove in court. Nevertheless, your Los Angeles intentional injury lawyer can gather evidence to help prove emotional trauma.
Future Medical Bills
If you need future medical treatment or ongoing care because of permanent injuries (such as a spinal cord injury), an attorney can help estimate your future medical costs. One way to prove that you will incur these bills is by providing a treatment plan from your doctor.
Punitive damages are sometimes awarded when you have proven that the defendant had ill intentions toward you and there are clear signs that they intended to hurt you. These damages serve as a punishment to the guilty party to discourage this behavior from ever happening again.
How a Los Angeles Intentional Injury Attorney Can Help With Your Case
The goal of your Los Angeles intentional injury attorney is to prove that the other party acted intentionally to cause you harm. Therefore, they will collect evidence to build a case that demonstrates intentionality. Your attorney must also prove that their actions injured you.
Most importantly, your intentional injury lawyer will help you seek compensation for those injuries, whether they were inflicted directly or through someone else’s negligence. For example, if you were hurt in a criminal assault in your apartment, the landlord may also be liable for failing to provide adequate security on the property.
A lawyer who specializes in this type of litigation knows how to prove malicious intent and seek compensation for medical bills, lost wages, and other damages.
What to Do After an Intentional Injury
First, you should seek medical treatment as soon as possible. If there is any chance of serious damage or permanent damage to your body, you need immediate treatment. You should also meet with a personal injury lawyer in LA as soon as possible.
Your lawyer can determine the type of injury you sustained (intentional vs. non-intentional), who may be liable, and the next course of legal action. For instance, if you were assaulted, you will need to document every detail of your injury as accurately as possible to build a strong case. An assault and battery lawyer in Los Angeles can guide you through every step of this process.
According to the statute of limitations in California, you have two years from the date of the injury to file a claim. If you fail to act within this timeframe, you will lose your legal right to seek compensation.
Get in Touch With an Intentional Injury Attorney Today
If you sustained personal injury in LA or lost a loved one due to another person’s careless or intentional actions, a Los Angeles intentional injury attorney from KJT Law Group can help. We will listen to your concerns, answer your questions, and explain the legal options available to you.
Our personal injury attorneys help victims like you recover damages through many practice areas, including intentional injury. We are committed to helping our clients get the fair compensation they deserve.
For a free case review, call KJT Law Group today at (818) 507-8525 or send a message through our online contact form.