What is a New Jersey Intentional Tort?
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Usually when people think of personal injury cases they think of accidents. Yet it is also possible to bring forth a personal injury case where someone has caused an injury on purpose.
We see these in harassment, abuse, and assault cases.
Examples of Intentional Torts
A nursing home employee sexually harasses your elderly grandmother, causing deep emotional harm.
A day care employee imposes an abusive punishment on your child, causing psychological and even physical damage.
You are harassed and bullied at work until your mental state deteriorates, and you are unable to work thanks to the pain, suffering, and anxiety.
Here’s a famous example: the wrongful death suit of Nicole Brown Simpson. While OJ Simpson was acquitted in criminal court, Nicole’s family was able to get justice by pursuing him in civil court.
Who usually pays for an intentional tort?
It depends on who committed the misconduct. If the behavior was attached to a business then it will often be covered by the business liability policy, management liability policy, or sexual misconduct liability policy.
Nursing homes and daycares often have special policies that cover intentional tort cases.
Sometimes no such policy will exist. If the harm is caused by an individual actor it may be difficult to find a source of funds. A homeowner’s policy might, for example, specifically exclude coverage for instances wherein a homeowner causes deliberate harm to a guest on their property.
In these cases you might win the case but you might struggle to collect the funds. In those cases it might be advantageous, if at all possible, to reframe the injury as having been caused by negligence or accident so that they will be covered by relevant insurance policies. Your attorney can help you determine whether such a pathway exists in your case. There are also cases where finding other negligent parties will be a better way to go. For example, if you were injured at a business who failed to take adequate security precautions, then bringing a suit against the property owner for negligent premises maintenance is generally going to be a wiser course of action than pursuing the criminal for a payout.
Get Help From an Experienced Personal Injury Attorney
Every personal injury case gets complicated. If you’re going to win yours, you’ll need help from an experienced attorney who knows how to get the job done right. Reach out to our office for a free case evaluation today. We can help you determine whether you have a case and what your next steps should be.
See also:
Can I Sue My Employer If I’m Injured At Work?
Which Personal Injury Cases Go to Trial?
How Does Mediation Work in a Personal Injury Lawsuit?
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Usually when people think of personal injury cases they think of accidents. Yet it is also possible to bring forth a personal injury case where someone has caused an injury on purpose.
We see these in harassment, abuse, and assault cases.
Examples of Intentional Torts
A nursing home employee sexually harasses your elderly grandmother, causing deep emotional harm.
A day care employee imposes an abusive punishment on your child, causing psychological and even physical damage.
You are harassed and bullied at work until your mental state deteriorates, and you are unable to work thanks to the pain, suffering, and anxiety.
Here’s a famous example: the wrongful death suit of Nicole Brown Simpson. While OJ Simpson was acquitted in criminal court, Nicole’s family was able to get justice by pursuing him in civil court.
Who usually pays for an intentional tort?
It depends on who committed the misconduct. If the behavior was attached to a business then it will often be covered by the business liability policy, management liability policy, or sexual misconduct liability policy.
Nursing homes and daycares often have special policies that cover intentional tort cases.
Sometimes no such policy will exist. If the harm is caused by an individual actor it may be difficult to find a source of funds. A homeowner’s policy might, for example, specifically exclude coverage for instances wherein a homeowner causes deliberate harm to a guest on their property.
In these cases you might win the case but you might struggle to collect the funds. In those cases it might be advantageous, if at all possible, to reframe the injury as having been caused by negligence or accident so that they will be covered by relevant insurance policies. Your attorney can help you determine whether such a pathway exists in your case. There are also cases where finding other negligent parties will be a better way to go. For example, if you were injured at a business who failed to take adequate security precautions, then bringing a suit against the property owner for negligent premises maintenance is generally going to be a wiser course of action than pursuing the criminal for a payout.
Get Help From an Experienced Personal Injury Attorney
Every personal injury case gets complicated. If you’re going to win yours, you’ll need help from an experienced attorney who knows how to get the job done right. Reach out to our office for a free case evaluation today. We can help you determine whether you have a case and what your next steps should be.
See also:
Can I Sue My Employer If I’m Injured At Work?
Which Personal Injury Cases Go to Trial?
How Does Mediation Work in a Personal Injury Lawsuit?