Personal Injury Law and the Question of Intent

By |2018-08-27T19:09:34+00:00August 16th, 2018|Personal Injury|Comments Off on Personal Injury Law and the Question of Intent
Schnipper Law, P.C.

When clients come to our office for the first time, they often feel scared, confused and overwhelmed.  Most have questions like:

  • How much money they can ask for
  • What factors might work for – or against – them in court
  • Is their case even winnable

One thing that we often talk to our clients about during their initial consultation is the issue of intent. Many personal injury cases hinge on whether a plaintiff is able to prove intent or negligence, which are two different categories of liability. Proving negligence is different than proving intent, and the difference can be a major factor in a personal injury case.

Say, for example, you’re injured in a car accident because another motorist was texting and driving. This would be considered negligence. If, however, you’re stuck in traffic and wind up becoming the victim of another drivers road rage, this would be an example of intent.  In both scenarios, you sustain injuries. But the way each case is handled from a legal standpoint will be dramatically different.

Understanding Intentional Torts

In cases where someone has acted with malicious intent, personal injury lawyers often look at whether any intentional torts apply – for instance, assault or false imprisonment, or infliction of emotional harm.

The key here is that lawyers are trying to prove whether someone acted willfully to intentionally try and hurt someone else, or whether it was simply negligence that resulted in the injuries in question. The answer to this question can dramatically affect both financial and potential punitive damages sought.

Contact an Atlanta Personal Injury Attorney for Assistance 

If you’ve been injured as a result of someone else’s actions, it’s important that you speak with a personal injury attorney as soon after the incident as possible.  Trying to discern whether someone’s actions were careless or deliberate can be a seemingly impossible task, but a personal injury lawyer well versed in handling these types of cases will be able to look into your case and piece together all the facts. At Schnipper Law P.C., we’ll fight for your rights so that justice is served.  [calltoaction]Contact us today for a free consultation by calling (404) 983-6051.[/calltoaction]