If you believe your injury wasn’t an accident, but a deliberate act, you need to understand the concept of intentional torts. These cases go beyond carelessness: they involve someone intentionally causing you harm. The laws regarding this complex area can differ in Las Vegas, which is why having attorneys like Jack Bernstein, who understand the nuances, is essential for protecting your rights.
| Key Takeaway | What That Means For You |
|---|---|
| Intentional torts involve someone deliberately causing harm, not just being careless. | If you believe your injury wasn’t accidental, you might have a different type of legal claim. |
| Common intentional torts include assault, battery, and extreme emotional distress. | Physical attacks, threats, and deliberate cruelty could all be grounds for a lawsuit. |
| Intentional tort cases can be worth more, but the extra damages are harder to prove. | You might be entitled to punitive damages, which require clear and convincing evidence that the defendant acted with oppression, fraud or malice. |
| Nevada sets the filing deadline for intentional tort claims by statute. | Most run on the same two-year deadline as a negligence claim (NRS 11.190(4)(c) and (4)(e)), but different deadlines and exceptions can apply, including actions for sexual abuse of a minor or sexual assault, which may be brought at any time. Always consult an attorney. |
Intentional Torts: When Injury Isn’t Just an Accident
Most personal injury cases revolve around negligence: someone acted carelessly and caused harm. But intentional torts are fundamentally different. Here, the focus is on what the person meant to do: a deliberate act, done knowing it was likely to cause harm. What a careful person should have known is the language of negligence, and it is not what these claims turn on.
More Than Just Carelessness
Let’s break down the key distinction:
- Negligence: This means someone failed to act with reasonable care. Think car accidents caused by distracted driving, property owners not fixing hazards…
- Intentional Tort: This involves a conscious decision to act in a way that is likely to cause harm, even if the exact outcome wasn’t their goal.
It’s important to understand: you don’t need to prove they meant to cause the specific injury you suffered. Showing they intended the harmful action itself can be enough.
Types of Intentional Acts That Can Lead to Lawsuits
While every case is unique, here are some of the most common intentional acts that could give rise to a personal injury lawsuit:
Assault and Battery
- Assault: This isn’t just about physical violence. It involves creating a genuine fear of imminent harm, even without actual physical contact. Threatening someone with a weapon or attempting to hit them could constitute assault.
- Battery: This refers to intentional harmful or offensive physical contact: a punch, unwanted touching, or even spitting on someone could be considered battery. Because these are deliberate acts rather than accidents, an assault or battery claim follows a different path from an ordinary negligence case.
Intentional Infliction of Emotional Distress (IIED)
- Outrageous Conduct: IIED claims involve behavior so extreme and shocking that it causes severe emotional distress. It goes beyond everyday rudeness or hurt feelings.
- Examples: Threats of violence, relentless harassment specifically aimed at causing mental breakdown, or cruel pranks with foreseeable emotional consequences.
Other Relevant Torts
- Defamation: False statements that damage someone’s reputation can be an intentional tort (libel is written, slander is spoken).
- False Imprisonment: Unlawfully restraining someone against their will.
Important: These latter types of torts often have complex legal requirements. It’s best to consult with an attorney to determine if your situation qualifies.
How Intentional Torts Change Your Injury Case
Unlike typical negligence-based cases, intentional tort lawsuits open up possibilities that go beyond simply getting you compensated for your losses.
Justice, Not Just Compensation
- Punitive Damages: In addition to recovering your medical bills and lost wages, an intentional tort case can support punitive damages where there is clear and convincing evidence that the defendant acted with oppression, fraud or malice. These are meant to punish the wrongdoer, and unless an exception in the statute or another specific statute applies, NRS 42.005 limits them to three times the compensatory damages if those are $100,000 or more, or to $300,000 if they are less.
What Changes When the Conduct Was Deliberate
- Important Note: Every case is different, and you should always consult with an experienced attorney.
- The Burden of Proof: The burden does not switch sides. In an intentional tort case you prove every element of your claim, intent included; the defendant is not required to prove that he didn’t have harmful intent, though he may of course offer a defence. What deliberate conduct changes is the proof you are looking for, which is often more concrete than proof that someone failed to use reasonable care, and what the case can be worth. Punitive damages come with a heavier standard rather than a lighter one: as above, under NRS 42.005(1) punitive damages may be recovered where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied.
Nevada Laws and Your Rights
Understanding Nevada’s laws around intentional torts plays a key role in protecting your right to seek justice. If you’re exploring the possibility of legal action, it helps to know how the lawsuit filing process works for personal injury claims in Nevada, especially since the deadlines and legal standards can vary from typical negligence cases.
Statutes of Limitations Matter
- Time Limits: Most intentional tort claims run on the same two-year clock as a negligence claim: NRS 11.190(4)(c) gives two years for libel, slander, assault, battery, false imprisonment or seduction, and NRS 11.190(4)(e) gives two years for injuries to a person caused by the wrongful act or neglect of another. Different deadlines and exceptions can apply: an action against the alleged perpetrator, or the person convicted, for sexual abuse of a minor or for sexual assault may be brought at any time (NRS 11.215, 11.217), and the period does not run while the person entitled to sue was under 18 or insane when the claim accrued (NRS 11.250). Knowing which statute of limitations applies to your situation is essential, as missing the window could mean losing your right to pursue compensation.
- Consult an Attorney: Don’t make assumptions about how much time you have. An attorney can clarify the deadlines that apply to your specific situation.
Why You Need a Skilled Attorney on Your Side
If you suspect your injuries were caused intentionally, seeking advice from an attorney who practices in these cases becomes even more critical. Navigating the complexities, especially when addressing the emotional and psychological toll of the incident, requires a thoughtful legal approach tailored to the unique aspects of your case.
It’s Not Just About the Injury
- Proving Intent: Building a strong intentional tort case requires demonstrating the wrongdoer’s state of mind and the deliberate nature of their actions. Experienced attorneys know how to gather evidence and present it persuasively.
- Emotional Harm: Quantifying the impact of emotional distress can be challenging. Lawyers who understand this type of injury are better equipped to pursue any compensation that may be available under the facts and the law.
Experience Counts
Intentional tort cases are not the same as standard car accidents or slip-and-fall claims. Attorneys with a proven track record of success in these complex cases are more likely to secure the best possible outcome.
Get the Legal Help You Deserve
Don’t let someone else’s deliberate actions leave you suffering. Jack Bernstein Injury Lawyers offers free consultations to discuss your situation and help you understand your legal options.
FAQs: Intentional Torts and Personal Injury Law
What’s the difference between an intentional tort and a regular accident?Typical personal injury cases involve negligence: someone was careless. Intentional torts involve a deliberate choice to act in a way known to likely cause harm.
If someone hurt me on purpose, does that always mean I have an intentional tort case?Not necessarily. It depends on the specific actions, the circumstances, and the laws in your state. Consulting an attorney is the best way to determine if your situation qualifies.
My neighbor constantly yells threats and insults at me. It’s causing me severe stress. Can I sue?Potentially, this could fall under intentional infliction of emotional distress (IIED). However, IIED claims usually require proof of extreme and outrageous conduct. An attorney can assess if your experience meets the legal standard.
Can I get more money in an intentional tort case?Yes, you might be eligible for punitive damages, which are designed to punish the wrongdoer and go beyond simply compensating your losses. They require clear and convincing evidence that the defendant was guilty of oppression, fraud or malice, express or implied (NRS 42.005).
Do I need a special kind of lawyer for an intentional tort claim?It’s highly recommended. These cases often involve proving intent and arguing complex legal concepts like emotional distress. An attorney who practices in personal injury and regularly handles intentional tort claims has the experience to build the strongest possible case.
I’m afraid to pursue a case because the person who hurt me is dangerous. What should I do?Your safety is paramount. Discuss your concerns with an attorney. There might be ways to protect yourself throughout the legal process.
I think I might have an intentional tort case, but I’m not sure. Where do I start?Schedule a free consultation with an experienced Las Vegas personal injury lawyer who handles intentional tort claims. They can help you understand your options and the potential strength of your case.
Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Injury Lawyers in Las Vegas. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.