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Most personal injury cases involve accidents caused by negligence. However, some injuries happen because another person deliberately chose to cause harm. When that happens, you may have the right to pursue compensation through an intentional tort claim.
At Conboy Law, we represent individuals who have suffered injuries because of another person's intentional or wrongful conduct. Whether you've been assaulted, falsely imprisoned, or harmed by another deliberate act, our experienced attorneys are prepared to help you pursue the compensation you deserve.
Call (312) 376-4291 today for a free consultation.
What Is an Intentional Tort?
An intentional tort is a civil wrong that occurs when someone deliberately engages in conduct that causes harm to another person. Unlike negligence, intentional torts involve purposeful actions rather than careless mistakes. Victims may seek compensation through a civil lawsuit for the injuries and losses they suffer.
Intentional torts can arise in many situations, including physical assaults, false imprisonment, trespassing, and other acts where a person knowingly interferes with another individual's safety or legal rights.
How Is an Intentional Tort Different From Negligence?
The primary difference between an intentional tort and negligence is the person's state of mind. Negligence occurs when someone fails to exercise reasonable care, while an intentional tort involves a deliberate act intended to produce a particular result or one that the person knows is substantially certain to cause harm.
For example, a driver who accidentally causes a collision by texting may be negligent. In contrast, a person who intentionally strikes someone during an argument may have committed an intentional tort.
Although both intentional torts and negligence can result in personal injury claims, the key difference is whether the defendant acted deliberately or simply failed to exercise reasonable care.
| Intentional Tort | Negligence |
| Involves a deliberate or purposeful act. | Involves careless or unreasonable conduct. |
| The defendant intended the conduct that caused the harm. | The defendant failed to exercise reasonable care. |
| Harm results from intentional actions. | Harm results from an accident or mistake. |
| May involve acts such as assault, battery, or false imprisonment. | Commonly involves car accidents, slip and falls, or medical errors. |
| Punitive damages may be available in some cases involving particularly wrongful conduct. | Punitive damages are less common and generally require exceptional circumstances. |
| Defendant deliberately acts. | Defendant acts carelessly. |
| Intent is required. | Intent is not required. |
| Often involves assault or battery. | Often involves accidents. |
| Punitive damages may be available. | Punitive damages are uncommon. |
| Examples include intentional physical harm or false imprisonment. | Examples include car accidents, slip and falls, and medical malpractice. |
What Are the Most Common Types of Intentional Torts?
Several intentional torts commonly give rise to personal injury claims.
Some of the most common include:
- Assault
- Battery
- False imprisonment
- Fraud or intentional misrepresentation
- Intentional infliction of emotional distress
- Trespass to land
- Trespass to personal property
- Conversion (wrongfully taking or controlling another person's property)
Depending on the circumstances, victims may have the right to seek compensation for both their financial losses and non-economic damages.
Can Someone Face Both Civil and Criminal Liability?
Yes. An intentional act may result in both a civil lawsuit and criminal charges.
For example, a person who commits an assault may be prosecuted by the state while also being sued by the victim for medical expenses, lost wages, pain and suffering, and other damages.
A criminal case focuses on punishing the offender, while a civil lawsuit allows the injured victim to pursue financial compensation. The outcome of one case does not necessarily determine the outcome of the other.
Common Examples of Intentional Torts
Intentional torts can occur in many different situations. Although each case is unique, the following are among the most common examples that may lead to a civil claim for damages.
Assault
Assault occurs when someone intentionally causes another person to reasonably fear imminent harmful or offensive contact. Physical contact is not always required. A credible threat that places someone in immediate fear of being harmed may be enough to support a civil claim.
Battery
Battery involves intentionally making harmful or offensive physical contact with another person without consent. Examples include punching, kicking, pushing, or striking someone during an altercation. Victims may pursue compensation for the injuries resulting from the intentional contact.
False Imprisonment
False imprisonment occurs when a person intentionally restrains or confines someone without legal authority or the individual's consent. This may happen through physical barriers, force, threats, or other means that prevent someone from leaving a location.
Intentional Infliction of Emotional Distress
A person may be liable for intentionally inflicting emotional distress when they engage in extreme or outrageous conduct that causes severe emotional suffering. These claims often require evidence showing that the conduct went beyond ordinary insults or rude behavior and resulted in significant emotional harm.
Trespass
Trespass occurs when someone intentionally enters or remains on another person's property without permission or legal authority. Although trespass often involves property rights, it may also lead to personal injury claims when the unlawful entry results in physical harm or other damages.
If you believe you've been injured by someone else's intentional actions, it's important to understand your legal options as soon as possible. Call Conboy Law at (312) 376-4291 for a free consultation and let our experienced attorneys evaluate your case and explain your next steps.
How Do You Prove an Intentional Tort?
To succeed in an intentional tort claim, you must present evidence showing that the defendant intentionally committed the wrongful act and that the act caused your injuries or other damages. The stronger the evidence, the better your chances of holding the responsible party accountable.
Proving Intent
One of the most important elements of an intentional tort claim is proving that the defendant acted deliberately rather than accidentally. Intent may be established through the defendant's actions, statements, surrounding circumstances, or other evidence showing they knowingly engaged in the wrongful conduct.
Gathering Physical Evidence
Physical evidence can help demonstrate what occurred and support your version of events. Depending on the case, this may include damaged property, clothing, weapons, photographs of the scene, or other tangible evidence connected to the incident.
Witness Testimony
Witnesses who observed the incident can provide valuable information about what happened. Their testimony may help establish the defendant's actions, the sequence of events, and whether the conduct appeared intentional.
Medical Records and Documentation
Medical records help connect your injuries to the intentional act and document the treatment you received. Healthcare providers' records, photographs of injuries, and ongoing treatment notes can strengthen your claim for compensation.
Surveillance Footage and Digital Evidence
Video footage from security cameras, mobile phones, dash cameras, or nearby businesses may capture the incident or its aftermath. Text messages, emails, social media posts, and other electronic communications may also help demonstrate the defendant's intent or support your version of events.
What Compensation Can You Recover?
Victims of intentional torts may be entitled to recover compensation for both their financial losses and the personal impact of their injuries. The amount available depends on the nature of the incident, the severity of the harm, and the evidence supporting the claim.
Medical Expenses
You may recover compensation for emergency treatment, hospital stays, surgeries, prescription medications, rehabilitation, physical therapy, and other reasonable medical expenses related to your injuries.
Lost Wages
If your injuries prevent you from working, you may be able to recover compensation for lost income. In serious cases, damages may also include reduced future earning capacity when your ability to earn a living has been permanently affected.
Pain and Suffering
Intentional tort victims may seek compensation for physical pain, emotional distress, mental anguish, loss of enjoyment of life, and other non-economic damages resulting from the defendant's wrongful conduct.
Punitive Damages
Because intentional torts involve deliberate misconduct, courts may award punitive damages in certain cases. Unlike compensatory damages, punitive damages are intended to punish particularly wrongful behavior and discourage similar conduct in the future.
Does Illinois Law Recognize Intentional Torts?
Yes. Illinois law recognizes intentional torts and allows injured victims to pursue civil lawsuits against individuals or entities whose intentional conduct caused them harm.
Depending on the facts of the case, victims may recover compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses.
Some intentional torts, such as assault or battery, may also result in criminal charges. However, a criminal prosecution does not prevent an injured victim from filing a civil lawsuit. Even if criminal charges are never filed, or the defendant is found not guilty in criminal court, you may still have the right to pursue compensation through a civil claim.
Frequently Asked Questions (FAQs)
Not necessarily. An intentional tort is a civil wrong that allows an injured person to seek compensation through a lawsuit. However, some intentional torts, such as assault or battery, may also violate criminal laws and result in criminal prosecution.
Yes. A criminal case and a civil lawsuit are separate legal proceedings. While the government prosecutes criminal offenses, a civil lawsuit allows the injured victim to seek compensation for their injuries and other damages.
Generally, assault involves intentionally causing another person to fear imminent harmful or offensive contact, while battery involves the actual harmful or offensive physical contact itself. Depending on the circumstances, a victim may have claims for one or both.
In many cases, Illinois law gives injured victims two years to file a lawsuit seeking compensation for personal injuries under 735 ILCS 5/13-202. However, the filing deadline may vary depending on the type of intentional tort, the parties involved, and other case-specific circumstances. Missing the deadline could prevent you from recovering compensation, so it's important to speak with an experienced personal injury attorney as soon as possible.
Contact Conboy Law for a Free Consultation
If you've been injured because of someone else's intentional actions, you shouldn't have to face the legal process alone. An experienced attorney can help investigate what happened, gather the evidence needed to prove your claim, and pursue the compensation you deserve.
At Conboy Law, we are committed to protecting the rights of injury victims throughout Illinois. Whether your case involves assault, battery, false imprisonment, or another intentional tort, our legal team is ready to fight for the best possible outcome.
Call Conboy Law today at (312) 376-4291 for a free consultation to discuss your legal options.
