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A tort is a harmful act that injures another person or their property. If you’re an injured victim, you have the right to file a claim against the other party for causing you harm. If your claim is successful, you can get economic and non-economic damages.What kind of lawsuit you can file for a personal injury accident depends on the circumstances of your case. Under tort law, you can file two common types of claims: intentional tort and unintentional tort. Schmidt & Clark lawyers have years of experience with tort law and different kinds of torts. Today we’ll talk about everything you should know about intentional torts and unintentional torts.
Quick Summary
- An intentional tort results from intentional acts that cause damage to other parties.
- Unintentional torts are careless actions. The other party suffers consequences because of the defendant's negligence.
- Injured parties will receive different damages, depending on the defendant’s actions and which personal injury tort they can file.
Intentional Tort
Intentional torts involve deliberate actions that cause harm to another person or their property. Unlike negligence, where harm occurs due to carelessness, intentional torts involve purposeful acts [1].
If you have suffered from an intentional tort, you may be able to seek compensation through legal action.
The charges vary depending on the state but most commonly include fines, jail time, probation, travel restrictions, restitution, and more.
Several actions are considered common intentional torts:
1. Assault
Assault occurs when someone intentionally causes another person to fear imminent harm, even if no physical contact happens.
Real Case Summary
- Case Example: A security guard pointed a gun at a customer during a dispute, even though no shot was fired. The court ruled in favor of the customer, awarding $75,000 in damages due to emotional distress and fear of bodily harm.
Settlement Amounts
- Low-end cases (verbal threats with minimal fear): $5,000 – $20,000
- Severe cases (use of weapons or prolonged intimidation): $50,000 – $200,000+
Key Evidence That Won the Case
- Surveillance footage capturing the threat.
- Eyewitness statements confirming fear of harm.
- Psychological evaluations demonstrating emotional distress.
Common Pitfalls
- Lack of evidence proving the victim reasonably feared harm.
- The defendant successfully arguing self-defense.
Success Factors
- Immediate police report documenting the incident.
- Consistent witness testimonies supporting the victim's claims.
Note: There doesn't necessarily need to be damage, and the attempt to inflict harm or a threat is enough for an action to be deemed an assault.
2. Battery
Battery occurs when someone intentionally makes harmful or offensive contact with another person without their consent.
Real Case Summary
A bouncer at a nightclub shoved a patron forcefully to the ground, causing a concussion. The patron filed a lawsuit and received $150,000 in damages.
Settlement Amounts
- Minor injuries (bruises, minor pain): $10,000 – $50,000
- Severe injuries (broken bones, head trauma): $100,000 – $500,000+
Key Evidence That Won the Case
- Medical records showing injuries directly linked to the assault.
- Video footage from security cameras.
- Witness testimony confirming excessive force was used.
Common Pitfalls
- The defense arguing mutual combat or consent (e.g., sports altercations).
- Lack of immediate medical treatment weakening injury claims.
Success Factors
- A clear, unprovoked attack captured on video.
- Testimony from bystanders who witnessed the excessive force.
Related Article:Aggravated Battery (Examples & Definition)
3. Conversion
Conversion happens when a person takes something that’s yours and:
- Don’t return it
- Sells it
- Changes your property
- Damages your property
It’s also known as theft, and it only applies to physical property, not intellectual property.
Real Case Summary
A former employee took company laptops after being fired and refused to return them. The company sued and won $25,000 in damages.
Settlement Amounts
- Small personal property cases: $1,000 – $10,000
- High-value items (vehicles, jewelry, equipment): $50,000 – $200,000+
Key Evidence That Won the Case
- Purchase receipts proving ownership.
- Witness testimony confirming unauthorized taking.
- Police reports documenting the theft.
Common Pitfalls
- Lack of clear evidence showing ownership.
- Defendant claiming they had permission to use the property.
Success Factors
- Filing a police report immediately.
- Written proof (emails, contracts) showing the defendant had no right to keep the item.
4. False Imprisonment
False imprisonment happens when someone is unlawfully detained or restrained without their consent.
Real Case Summary
A store security guard locked a customer in a backroom for an hour under false theft accusations. The customer won $100,000 in a civil suit.
Settlement Amounts
- Short detainment with no harm: $5,000 – $50,000
- Prolonged or abusive confinement: $100,000 – $500,000+
Key Evidence That Won the Case
- Security footage showing the unlawful detainment.
- Time logs proving the victim was held against their will.
- Medical or psychological reports detailing distress.
Common Pitfalls
- The defendant proving lawful authority (e.g., police detaining under probable cause).
- Lack of evidence proving the victim could not leave.
Success Factors
- Clear video or witness testimony confirming unlawful restraint.
- Immediate documentation of the event through police or legal reports.
5. Trespass
Four factors that need to happen for an action to be considered trespass:
- The person has to enter the land, either intentionally or not
- Defendant has to enter the land without the owner’s consent
- The landowner has to suffer damages
- Only a person with a legal right to the property can bring a trespass claim
Essentially, trespass is using the property without the owner's permission, and it can be brought even without any significant property damage.
Real Case Summary
A neighbor repeatedly entered private farmland without consent. The landowner sued and received $50,000 in damages.
Settlement Amounts
- Minor cases (no property damage): $1,000 – $10,000
- Significant property damage involved: $20,000 – $100,000+
Key Evidence That Won the Case
- Surveillance footage showing the trespass.
- Witness testimony confirming unauthorized entry.
- Property damage estimates from professional appraisals.
Common Pitfalls
- Defendant arguing they had implied permission.
- No clear property boundaries established.
Success Factors
- "No Trespassing" signs visibly posted.
- Prior written warnings sent to the defendant.
6. Intentional Infliction of Emotional Distress (IIED)
For IIED to be brought as personal injury claims, there has to be outrageous conduct meant to cause emotional distress intentionally. In the case of IIED, the defendant is liable for emotional suffering and all the consequences that arise from it, such as anxiety, miscarriage, and more.
Real Case Summary
A debt collector harassed a woman with 50+ threatening calls per day, causing severe anxiety. She sued and won $200,000 for emotional distress.
Settlement Amounts
- Mild harassment: $10,000 – $50,000
- Severe distress leading to mental health issues: $100,000 – $500,000+
Key Evidence That Won the Case
Winning an IIED lawsuit depends on several success factors, including:
- Quality of Evidence – Detailed documentation, including medical records, emails, texts, or video evidence, strengthens credibility.
- Witness Testimony – Statements from friends, family, or co-workers confirming the impact of distress can be persuasive.
- The Severity of the Conduct – Cases involving continuous harassment, public humiliation, or threats of violence often have a higher chance of success
Common Pitfalls
- Difficulty proving intent to cause harm.
- Lack of medical documentation supporting emotional distress claims.
Success Factors
- Keeping records of all incidents (text messages, voicemails, emails).
- Testimony from mental health professionals confirming psychological impact.
Related Articles
:
- Can You Sue Someone for Emotional Harassment?
- Tort Claim Definition & Examples
7. Fraud
Fraud occurs when an individual intentionally misrepresents facts to deceive another party, leading to financial or personal harm.
Unlike negligence, fraud requires intent, meaning the defendant knowingly provided false information with the expectation that the victim would act on it.
Fraud can occur in various forms, affecting individuals, businesses, and institutions.
Some of the most common types include:
1. Financial Fraud
- Investment Scams – Fraudulent stock market or cryptocurrency schemes where investors are misled about returns.
- Ponzi and Pyramid Schemes – Financial fraud that uses funds from new investors to pay previous investors, eventually collapsing.
- Bank Fraud – Using deceptive means to obtain funds from banks (e.g., check fraud, identity theft).
2. Consumer Fraud
- False Advertising – Misleading claims about a product’s effectiveness or features.
- Online Scams – Fake e-commerce sites that steal payment information without delivering goods.
- Auto Dealer Fraud – Selling vehicles with undisclosed defects or tampering with odometer readings.
3. Business Fraud
- Corporate Fraud – Executives falsify financial statements to mislead investors.
- Insurance Fraud – False claims for injuries or property damage to collect payouts.
- Tax Fraud – Filing false tax returns or evading payments through illegal means.
4. Real Estate & Mortgage Fraud
- Foreclosure Scams – Fraudsters falsely promise homeowners foreclosure relief while stealing property deeds.
- Title Fraud – Using forged documents to fraudulently transfer homeownership.
Real Case Summary
A used car dealership falsely claimed that a vehicle had never been in an accident. The buyer later discovered through a mechanic that the car had significant structural damage from a prior crash. The buyer sued for fraud and won $75,000 in compensation for the financial losses and emotional distress caused by the deception.
Key Legal Elements of Fraud
For a fraud claim to be successful, the following elements must be proven:
- False Representation: The defendant knowingly provided false information.
- Intent to Deceive: The defendant was aware that their statement was untrue and expected the plaintiff to rely on it.
- Reliance on False Information: The plaintiff believed and acted upon the misleading information.
- Damages Incurred: The plaintiff suffered financial loss or personal harm as a direct result of the deception.
Settlement Amounts
- Minor fraud cases (low financial loss): $5,000 – $25,000
- Significant financial damages: $50,000 – $500,000+
- Large-scale corporate fraud: Millions or even billions in class-action settlements
Key Evidence That Won the Case
- Written or recorded statements proving false claims.
- Emails, contracts, or marketing materials showing deception.
- Witness testimony confirming misrepresentation.
- Financial records showing direct financial loss.
Common Pitfalls
- Difficulty proving that the defendant knowingly lied.
- Plaintiff failing to show they relied on the false statement before making a decision.
- No clear financial loss or harm directly tied to the fraud.
Success Factors
- Strong documentary evidence such as contracts, bank statements, or advertisements.
- Expert testimony proving financial loss or deception (e.g., accountants, fraud investigators).
- Prompt legal action before statutes of limitations expire (varies by state).
Unintentional Tort
An unintentional tort is usually associated with negligence, and it means a person's conduct falls under the expected standard of care for people around them.
“The person who caused the accident is considered negligent because they failed to exercise the same degree of care that a reasonable person would have in the same situation.” Investopedia
The most important difference between intentional and unintentional torts is the defendant’s state of mind. In a negligence claim, a person didn’t set out to cause harm. However, they are still legally responsible if their negligent action hurts someone else.
The most common examples of unintentional torts include car accidents, medical malpractice, workplace accidents, slip and fall, and more.
Intentional Torts vs. Unintentional Torts: Difference in Damages
Tort cases fall under civil law, which differs from criminal cases where the goal is punishment. Instead of imposing fines or jail time, civil lawsuits seek compensation for damages suffered by the injured party.
Damages for intentional torts are usually bigger than for negligence torts, and they include medical
expenses, lost wages, personal property damages, pain and suffering.
When pursuing a tort claim, plaintiffs must prove actual harm to receive damages.
These damages typically fall into two main categories:
- Compensatory Damages: Designed to restore the injured party to their condition before the incident.
- Punitive Damages: Awarded in cases where the defendant acted with extreme negligence or malicious intent.
The table below provides a comparison of different types of damages, their typical settlement ranges, required proof, success rates, and how insurance policies impact compensation.
Comparison of Damages in Tort Cases
| Type of Damages | Average Settlements | Proof Required | Success Rates | Insurance Coverage Differences |
|---|---|---|---|---|
| Compensatory Damages | $15,000 - $100,000+ | Medical records, wage statements, property evidence | Generally high for strong cases | Typically covered by liability insurance, with policy limits applying |
| Punitive Damages | $50,000 - $1 million+ | Proof of gross negligence or intentional harm | Lower due to high burden of proof | Not usually covered; defendant pays out-of-pocket |
| Economic Damages | $10,000 - $500,000+ | Documentation of financial losses (bills, invoices, etc.) | Success rate is higher due to objective evidence | Often included in insurance policies |
| Non-Economic Damages | $5,000 - $250,000+ | Testimony and psychological evaluations for pain and suffering | Highly variable; subjective nature makes outcomes unpredictable | May be capped by state laws or insurance policies |
FAQs
What Is Strict Liability?Strict liability is a legal principle that imposes liability even if there’s no direct fault. This usually happens in defect lawsuits, where an injury or a wrongful death is a consequence of a defective product.What types of damages can be awarded in intentional tort cases?
In intentional tort cases, the plaintiff may be awarded compensatory damages for actual harm suffered, such as medical expenses, lost wages, and pain and suffering. Additionally, punitive damages may be awarded to punish the defendant for their intentional and malicious conduct and to deter similar behavior in the future.
What types of damages can be awarded in negligence cases?
In negligence cases, the plaintiff may be awarded compensatory damages, which include economic damages (such as medical expenses and lost income) and non-economic damages (such as pain and suffering). Punitive damages are less common in negligence cases, as they are typically reserved for cases involving particularly reckless or egregious behavior.
Can intent be difficult to prove in intentional tort cases?
Yes, proving intent in intentional tort cases can be challenging, as it requires demonstrating that the defendant acted with the purpose of causing harm or knew that harm was likely to result. This often involves relying on circumstantial evidence, such as the defendant’s actions, statements, and the context of the incident.
File a Successful Claim with a Professional Law Firm
No matter if you were hurt in an intentional or unintentional tort, you can get damages for the other party’s harmful conduct. This can be auto accidents, physical injury, parent’s negligence, or a mere breach of property. No matter which tort you need to file, lawyers at Schmidt & Clark, LLP can guide you through the process and provide legal advice.Contact us for a free consultation as soon as today.
References:
- https://www.law.cornell.edu/wex/intentional_tort