Torts form the basis for nearly all personal injury claims. A tort is an action or conduct—either an act or omission—that results in harm or damage to another person. Some torts are intentional, while others occur because of carelessness.
In personal injury claims, the victim is entitled to recover damages from the wrongdoer. These damages compensate them for the injuries and financial losses they suffered as a result of the accident. However, there can be some differences when considering intentional torts versus negligence. Learn more below.
What is Negligence?
The tort of negligence is the cause of many types of accidents, including car accidents, truck accidents, and more. It is the basis for most personal injury claims in Utah. At a basic level, negligence occurs when someone acts carelessly and injures another person. Under the law, there are four basic elements required to prove a negligence claim:
- Duty of Care: This is a legal duty to act responsibly and reasonably under the given circumstances. For instance, when you drive a car, you owe others on the road a duty of care to operate your vehicle in a safe and reasonable manner.
- Breach of duty: A breach of the duty of care occurs when someone acts outside the reasonable standard. For instance, if you are texting while driving, you have breached your duty of care owed to other drivers.
- Causation: The conduct that constituted the breach must be directly responsible for any injuries or damages you suffered.
- Damages: Some actual damages must result from the behavior. These could be injuries, financial losses, or both.
To succeed on a negligence claim, you must prove all four elements of negligence. Failure to prove any one of the elements might cause you to lose your case.
What Is an Intentional Tort?
Intentional torts go beyond mere careless behavior. These types of torts occur when someone acts intentionally and causes harm to another person. Some common examples of intentional torts include:
- Assault
- Battery
- False imprisonment
- Trespass
- Conversion
When an intentional tort is involved, there is willful conduct on behalf of the wrongdoer. They intended to act in a certain manner, and they knew the consequences that may occur. Additionally, a person committing an intentional tort is responsible for the damages that occur.
Are Intentional Torts Considered Crimes?
Yes, some intentional torts may be considered crimes. For example, assault and battery are crimes under the Utah criminal code. Although the wrongdoer may be charged with a crime, you may still have a right to bring a civil action for damages against them.
Remember that the burden of proof differs in civil cases from criminal proceedings. The state must prove guilt beyond a reasonable doubt to be convicted of a crime. However, the burden of proof in a civil case is typically a preponderance of the evidence. It is usually easier to win a civil case than obtain a conviction in a criminal trial.
What Damages Are Available For Negligence and Intentional Torts?
The damages to which you may be entitled could differ depending on the type of tort involved. Typically, accident victims are entitled to recover both economic and non-economic damages. These damages compensate victims for both their monetary losses as well as their pain and suffering.
Intentional torts may lead to the award of punitive damages. Punitive damages are designed to punish the wrongdoer for their behavior and deter similar behavior in the future.
These damages are not considered to be compensatory because they do not compensate the victim for a loss.
Utah law provides for the award of punitive damages in certain situations involving intentional torts. If willful and malicious conduct can be proven, the victim may receive punitive damages.
Knowing the difference between negligence and intentional torts can be extremely important when dealing with a personal injury claim. In addition to a civil case, intentional torts may also have criminal implications. Additionally, different types of damages may be available to victims. An experienced personal injury lawyer can help you understand all the differences and advise you on your legal options.
Contact the Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact an experienced personal injury lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
