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.
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 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 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.
In order to establish an intentional injury claim in California, you must prove that:
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.
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 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 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.
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.