In personal injury law, most claims involve accidents caused by someone else’s negligence. But not all injuries happen by accident. Some are caused on purpose. When someone intentionally causes harm, that’s known as an intentional tort.
Intentional torts are different from other personal injury cases because they involve deliberate actions rather than careless mistakes. If someone hits you, threatens you, or damages your property on purpose, they may be liable for an intentional tort, and you may be entitled to compensation.
What Is an Intentional Tort?
An intentional tort is a wrongful act done on purpose. The person committing the tort (the “tortfeasor”) intends to perform the action that causes harm, even if they didn’t mean to cause the specific injury.
For example, someone who punches another person in the face intends to hit them. Even if they didn’t mean to break a nose, the intent to strike is enough to support a claim.
Intentional torts fall under civil law. They are separate from criminal charges, though a single act can lead to both. You can file a civil lawsuit even if the person isn’t arrested or convicted.
Examples of Intentional Torts
Intentional torts can take many forms, and some of the most common include:
- Assault: Threatening or attempting to physically harm someone in a way that makes them fear for their safety.
- Battery: Making unwanted physical contact, such as punching or hitting someone.
- False imprisonment: Holding someone against their will without legal authority.
- Intentional infliction of emotional distress: Acting in a way that is extreme and outrageous, causing severe emotional suffering.
- Trespass to land: Entering someone’s property without permission.
- Trespass to chattels: Interfering with someone’s personal belongings or property.
- Conversion: Taking or using someone else’s property as if it were your own.
- Defamation: Making false statements that harm someone’s reputation (includes slander and libel).
Each of these torts requires a specific type of intent. In some cases, reckless disregard for another’s safety may also qualify.
Proving an Intentional Tort
To succeed in an intentional tort case, you generally need to prove four elements:
- Intent: The defendant meant to perform the act that caused harm.
- Act: The act was voluntary, not accidental.
- Causation: The act directly caused your injury or damages.
- Damages: You suffered physical, emotional, or financial harm as a result.
Unlike negligence cases, where you must prove a failure to use reasonable care, intentional torts focus on purposeful behavior.
You do not need to show that the person meant to cause the exact injury. It’s enough to show they intended the action itself.
Civil vs. Criminal Liability
Intentional torts may also be crimes. For example, assault and battery can lead to both criminal charges and civil lawsuits.
In a criminal case, the government prosecutes the offender and seeks punishment (jail time or fines). In a civil case, the injured person brings a lawsuit to recover damages.
Even if a person is not convicted in criminal court, they can still be held liable in a civil case. The burden of proof is lower in civil court and requires a preponderance of the evidence instead of beyond a reasonable doubt.
Compensation for Intentional Torts
If you’re injured due to an intentional tort, you may be able to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in some cases)
Punitive damages are not available in most negligence cases, but they are sometimes awarded in intentional tort cases to punish especially harmful conduct.
Your damages will depend on the facts of the case, the severity of the harm, and whether the defendant is able to pay.
What to Do if Someone Hurts You on Purpose
If someone intentionally harms you, take the following steps:
- Call 911 or contact the police. A report can help your civil case.
- Seek medical treatment, even if injuries seem minor.
- Document everything, including injuries, property damage, and witness statements.
- Avoid confrontation or retaliation.
- Speak to a personal injury attorney about your legal options.
Intentional tort cases can be emotionally intense and legally complex. Working with a lawyer can help you build a strong claim and avoid common mistakes.
Time Limit to File an Intentional Tort Claim in Florida
In Florida, the statute of limitations depends on the type of claim. For intentional torts such as assault, battery, false imprisonment, and malicious prosecution, you generally have four years from the date of the incident to file a lawsuit.
For defamation claims (libel or slander), the statute of limitations is two years.
For negligence-based personal injury claims, such as car accidents, Florida law gives you two years to file.
Because these deadlines are strict, it’s important to act quickly. If you miss the applicable statute of limitations, the court may dismiss your case regardless of its merits.
Can You Sue for Emotional Harm?
Yes. In Florida, you may be able to sue someone for intentional infliction of emotional distress (IIED).
These cases are harder to prove and require:
- Outrageous or extreme conduct
- Intent or reckless disregard
- Severe emotional distress that is more than just temporary upset
Examples could include stalking, threats of violence, or intentional humiliation in public.
You may need medical evidence of the emotional toll, such as therapy records or expert testimony.
What if the Person Who Harmed Me Has No Money?
Even if the person who harmed you doesn’t have insurance or assets, you may still want to pursue a claim.
In some cases, third parties may be liable, such as:
- A bar or business that overserved an intoxicated patron (dram shop liability)
- An employer who failed to supervise an employee
- A school or daycare responsible for safety
Your attorney can help identify possible sources of recovery beyond the individual tortfeasor.
Contact the Stuart Personal Injury Lawyers at Kibbey Wagner Injury & Car Accident Lawyers for Help Today
Intentional torts involve more than just accidents. They are personal injuries caused by deliberate actions. If someone intentionally hurts you, you don’t have to wait for the criminal justice system to act. You can file a civil lawsuit to recover compensation for your injuries, emotional harm, and other losses.
Working with an experienced personal injury lawyer can help you understand your rights, build a case, and hold the responsible party accountable. Contact Kibbey Wagner Injury & Car Accident Lawyers today at (772) 444-7000 for a free consultation.
