What is an intentional tort? An intentional tort occurs when someone deliberately causes harm to another person, leading to physical, emotional, or financial damages.
If you were assaulted, falsely imprisoned, or defamed, your Las Vegas personal injury lawyer can help you pursue legal action against the responsible party.
Common Types of Intentional Torts
Intentional torts encompass a wide range of potential crimes, including the following:
Assault and Battery
If someone physically attacked you or threatened you with harm, you may have a claim for assault and battery. Assault happens when someone puts you in fear of immediate harm, even if they do not touch you.
Battery occurs when the person follows through and makes unwanted physical contact, causing you injury.
False Imprisonment and Intentional Infliction of Emotional Distress
Being restrained against your will is false imprisonment, even if no physical harm occurs. If someone locked you in a room, prevented you from leaving a location, or used threats to hold you in place, they may be liable.
If their actions caused you severe emotional suffering, you may also have a claim for intentional infliction of emotional distress.
Defamation and Invasion of Privacy
If false statements damage your reputation, you may have a defamation claim. Libel involves written falsehoods, while slander occurs when false statements are spoken.
Invasion of privacy happens when someone misuses your name, image, or personal information without permission, causing harm to your reputation or finances.
Definition and Legal Meaning of an Intentional Tort
If someone deliberately caused you harm, you may have grounds for an intentional tort claim. Unlike car accidents or negligence, intentional torts involve purposeful actions meant to injure you or damage your property. When another person’s wrongful conduct results in physical, emotional, or financial harm, you have the right to pursue compensation.
Intentional torts are different from negligence because they require proof that the other party acted on purpose. Negligence happens when someone fails to be careful, but intentional torts involve deliberate actions that cause harm. If someone attacked you, defamed you, or unlawfully restrained you, their intent matters in proving liability.
Nevada Revised Statutes § 41.130 allows you to hold someone accountable when their intentional actions cause harm. If you were assaulted, falsely accused, or forced into a situation against your will, you may be entitled to damages. A civil claim can help you recover compensation for medical bills, lost wages, and emotional distress.
Proving Liability in an Intentional Tort Claim
If someone deliberately harmed you, proving intent is essential to holding them accountable. Unlike negligence claims, where fault is based on carelessness, intentional torts require evidence that the other person acted with purpose. Whether they physically attacked you, defamed you, or unlawfully restrained you, their intent plays a key role in proving liability.
Different types of evidence can help establish intent. Witness statements may confirm that the person threatened or engaged in aggressive behavior before harming you. Surveillance footage, digital messages, and direct threats all serve as valuable proof that the act was intentional.
The burden of proof in civil cases is lower than in criminal trials. Criminal cases require proof beyond a reasonable doubt, while civil cases only need to show that the defendant was more likely than not responsible. If the evidence demonstrates that the person acted with intent, they may be liable for damages.
Defenses Used in Intentional Tort Cases
If someone intentionally harmed you, they may try to justify their actions or deny responsibility. Common defenses focus on consent, mistaken identity, or arguing that their actions were necessary. These strategies attempt to shift blame and weaken your claim for fair compensation:
- Self–defense – If the defendant believed they were in immediate danger, they may claim they acted to protect themselves. However, self-defense must be proportionate to the threat and cannot justify excessive force.
- Defense of others – Someone who stepped in to protect another person from harm may argue that their actions were justified. Courts evaluate whether the threat was real and whether the response was reasonable under the circumstances.
- Mistaken identity – If the defendant was falsely accused, they may present evidence showing they were not involved. Alibi evidence, surveillance footage, and witness testimony may be used to prove they were elsewhere at the time of the incident.
- Lack of intent – The defendant may argue that their actions were accidental rather than intentional. If no direct evidence of intent exists, they may claim that the harm was the result of miscommunication or unforeseen consequences.
Defendants in intentional tort cases often try to minimize their actions or blame external factors. However, strong evidence and a well-prepared claim can counter these defenses. The more documentation and testimony you have, the harder it will be for them to avoid liability.
Compensation Available in Intentional Tort Cases
Intentional tort cases offer several potential damages. Victims can seek economic and non-economic damages from the offender. In some cases, the court may also award punitive damages.
Economic Damages
Economic damages compensate for financial losses caused by the intentional act. These damages include medical expenses, lost income, and property damage. The goal is to restore you to the financial position you were in before the harm occurred.
Medical expenses may include hospital visits, surgical procedures, rehabilitation, and prescription medications. If your injuries prevent you from working, you may also recover lost wages or future earnings. In cases involving property destruction, compensation may cover repair or replacement costs.
Non-Economic Damages
Non-economic damages address the emotional and psychological harm caused by the actions of an intentional tort. These damages may cover pain and suffering, mental anguish, and diminished quality of life. Unlike economic damages, they are subjective and based on the severity of your experience.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s actions were especially harmful or reckless. Unlike other damages, punitive damages serve to punish the wrongdoer and prevent similar behavior in the future. These damages are only granted in cases involving extreme misconduct.
Nevada law allows punitive damages under Nevada Revised Statutes § 42.005 when the defendant acted with fraud, malice, or oppression. Courts may award punitive damages if the evidence shows intentional harm or a reckless disregard for your safety. While not available in every case, these damages may significantly increase the compensation you receive.
Contact a Las Vegas Catastrophic Injury Lawyer Today
If someone intentionally harmed you, taking legal action through an intentional tort can help you recover damages and seek justice for your suffering.
Your Las Vegas catastrophic injury lawyer can evaluate your case and determine the best legal strategy moving forward. Learn more about H&P Law when you contact our office today for a free consultation.
