What Does “Intentional Conduct” Refer to in a Personal Injury Claim?
Written by AskTheLawyers.com™ on behalf of J.D. Smith with Law Office of J.D. Smith, PLLC.
Written by AskTheLawyers.com™ on behalf of J.D. Smith, a Personal Injury attorney based in Washington.
In a personal injury claim, intentional conduct refers to any action that was conducted deliberately with intent to harm another party. Intentional conduct can range from attacking a person to intentionally damaging someone’s property. Intentional conduct that causes an injury or fatality is also typically a crime, but the personal injury claim is handled separately from the criminal one. Instead of focusing on the violation, a personal injury claim focuses on the damages suffered by the victim as well as the compensation they will need to make a full physical and financial recovery.
Common examples of intentional conduct in personal injury claims include:
- Assault and battery
- Sexual assault
- Damaging property
- Tampering with property
- Intentionally transmitting an STD/STI
- Slander, libel, or defamation
- False imprisonment
- Intentional infliction of emotional distress
Intentional conduct that causes harm to one or more parties is typically criminal in nature.
Intentional conduct that causes injury or death to another person is also typically a crime; however, criminal trials are brought by the prosecution on behalf of the state and seek to determine a penalty for the accused, whereas as a civil personal injury trial is brought by the victim and/or their family and focuses on recovery for the plaintiff.
A common misconception is that the criminal trial must resolve before the civil case can proceed. In fact, many personal injury attorneys recommend filing a civil personal injury lawsuit regardless of where in the process of litigation the criminal trial is. Both cases can take months or even years to conclude, and various time limits may apply, so it’s important to get started right away.
If someone has suffered from a crime, they may be eligible to file a personal injury claim.
Whenever someone suffers from another party’s conduct that is either intentional or negligent, they may be eligible to file a personal injury claim. A personal injury claim is a civil lawsuit in which the injured/harmed party can seek compensation for their damages including medical bills, lost wages, pain and suffering, and more depending on the case. It’s important to keep a record of any expenses that arose as a direct result of intentional conduct and to reach out to a personal injury attorney specializing in intentional conduct or crime victim advocacy as soon as possible.
Unfortunately, criminal proceedings rarely provide victims with the compensation they need, but personal injury claims are designed with that exact purpose in mind. If hiring an attorney seems out of the question, it may help to note that most personal injury attorneys offer free consultations and work on a contingency fee basis, which means they only get paid if and when they win the case. This allows victims of intentionally harmful conduct to focus on healing, recovery, and a return to daily life rather than worrying about an additional expense.
To learn more about intentional conduct in personal injury claims, or for help filing, reach out to a personal injury attorney in your state.