Understanding Intentional Torts From A Qualified Injury Lawyer In Bradford
Personal injury law does not only involve accidents and injuries that are caused by other due to sheer negligence but also those that fall under intentional torts. If you are unaware of it, you will get to know everything about intentional torts when you contact an Injury Lawyer In Bradford. Torts are actually 'wrongdoings' or acts that are committed by a person or persons who are called entities or "tortfeasors." The act should cause a harm or injury to another entity or individual. These harms are often physical injuries but may also include property damage or reputational harm. Incidents of battery or false imprisonment has an element of intent.
Features of intentional torts
Usually, intentional tort cases are hard for an Injury Lawyer in Bradford because it is hard to prove than cases that involves negligence. This is because the plaintiff has to prove that the other person performed the act on purpose. Ideally, a tort is deemed as intentional according to the state of mind of the tortfeasor. For example, if a driver is distracted and does not look carefully while turning right and hits a person who has the right of way, it will be an act of negligence and breach of duty of care towards the person resulting in an injury. On the other hand, if the driver has a personal grudge and wants to teach the person a lesson, it is an act of intentional tort of battery.
Proving intent is hard
In intentional tot cases, the Injury Lawyer in Bradford mat find it a bit difficult to prove intent of the other person who is supposed to be at fault. Usually, there are three types of intent that is required to show in an intentional tort case. These are willfulness, recklessness and causing harm knowingly. In other words, you as a plaintiff will need to prove that the person meant to harm you and understood the actions would cause the harm and acted without showing any prior signal or caution. However, intent can be straightforward or may not be that apparent, which is why you will need the expertise of such a lawyer.
The common defense
In most cases of intentional torts, the common defense is that there was no intent to commit such an act that may have harmed the plaintiff. In such cases, if the defendant can prove that there was no intent, it is possible to avoid liability. It is for this reason in most of the cases the plaintiff alleges both negligent and intentional torts for the act. This means that if intentional tort cannot be proved in the court by the Injury Lawyer in Bradford, amount will be still recovered based on negligence of the defendant, if proved.
The different types