The difference between negligence and intentional tort negligence occurs when a person does not act with sufficient caution to meet the required standard of care. An intentional tort occurs when a person's wrongful actions are deliberate. That is the main difference between these two types of torts in civil liability law. While an intentional tort is intentional, negligence happens by accident.
It is a defendant's involuntary failure to perform their duty of care. It can occur due to carelessness or lack of consideration on the part of the defendant. Negligence is the reason on which most plaintiffs in New Mexico base their personal injury claims. A defendant can be financially responsible for negligently causing your injuries if you or your Albuquerque personal injury lawyer can demonstrate all four required elements.
Intentional torts are not based on negligence. Rather than an action that unexpectedly causes an injury, the defendant purposefully caused your injury. Intentional torts often stem from intentional acts. These are cases where the defendant clearly intended to cause emotional distress, bodily harm and knew that harm would occur.
An intentional tort describes a deliberate and conscious act of misconduct, such as an action that breaks the law in Texas. If a defendant is guilty of an intentional tort, it means that they knew the criminal nature, wrongfulness, or risks associated with an act or omission, but they did it before anyway. Someone who commits an intentional tort knows that the action is likely to cause injury, but it still breaches the duty of care. An intentional tort may be a premeditated crime, or the idea may occur to the defendant on the spot.
Either way, if the defendant commits a deliberate and deliberate wrongful act that injures the victim, he will be civilically responsible for the losses. The defendant is also likely to face criminal charges in Texas for committing a crime against the victim, such as assault, battery, robbery, abuse, or homicide. Most lawyers base personal injury claims on evidence of negligence, such as eyewitness accounts and expert testimony. The intentional imposition of emotional distress also falls under this category, which occurs when a person engages in behavior with the intention of inflicting extreme fear on another person.
A personal injury lawyer can evaluate your case and discuss the different standards and elements that may apply. When a breach of that duty of care results in an injury to another person, the negligent person owes the victim their damages. Whether the defendant in your personal injury case was guilty of an intentional tort or negligence, you have the same right to file a lawsuit against that party.