Published: April 23, 2024 | Jack Bernstein

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 TakeawayWhat 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 may result in larger compensation and be easier to prove.You might be entitled to punitive damages and have a different legal standard to meet.
Nevada law has specific rules for intentional torts.Deadlines and what you need to prove can differ – 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 someone deliberately choosing an action they knew, or should have known, would likely cause you harm.

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.

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, intentional tort cases often allow for punitive damages. These are meant to punish the wrongdoer for their actions, and can sometimes result in much larger overall awards.

Proving Your Case May Be Easier

  • Important Note: Every case is different, and you should always consult with an experienced attorney.
  • The Burden of Proof: In typical negligence claims, you must prove the other party was at fault. However, with intentional torts, the focus might shift to the wrongdoer having to justify their actions and prove they didn’t have harmful intent. This subtle shift can have a significant impact on your case.

Nevada Laws and Your Rights

Understanding Nevada’s specific laws regarding intentional torts is absolutely crucial for protecting your right to seek justice. These cases can be complex, so it’s important to be aware of key points:

Statutes of Limitations Matter

  • Time Limits: Nevada law sets deadlines (statutes of limitations) for filing different types of intentional tort lawsuits. These deadlines may differ from those in simple negligence-based injury claims. Missing the deadline could forfeit your rights entirely.
  • 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 specialized legal advice is more important than ever.

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 argue for the full compensation you deserve.

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.

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. Attorneys specializing in this area have 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.

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If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.

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 the personalized service and legal representation you deserve after an accident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.

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