A tort is an infringement of a right or wrongful act that leads to civil
liability. The person the act was committed against is the claimant and
suffers damages as a result of the wrongful act. If you are in an auto
accident in which the at-fault party was distracted and you suffered property
damage or bodily injury, it is a negligent tort. An intentional tort is
one in which the action is intended. It is purposeful, and the party intends
to hurt the other party in some manner. Using the same auto accident example,
if the person who struck your vehicle wanted to hit you on purpose, then
it shows intent.
Sometimes the difference between intent and negligence is subtle, but it
is the determining factor in whether the plaintiff can bring a cause of
action for an intentional tort.
Most Common Types of Intentional Torts
The most common types of intentional torts in Maryland include:
- Intentional Infliction of Emotional Distress
- False Arrest or False Imprisonment
- Trespass and Conversion
These acts do not need to cause physical injuries. One such act is defamation,
which causes damage to a person’s reputation. Defamation can be
spoken (slander) or libel (written). False arrest or false imprisonment
does not mean physical injuries, either. It could involve a security guard
who wrongfully detained someone suspected of shoplifting or a domestic
dispute in which one person tries to keep the other from leaving and subsequently
blocks the door.
Some intentional torts can also be criminal actions. Assault and battery
would be two examples in which criminal charges could be brought as well
as a civil suit.
Criminal Prosecution vs Civil Lawsuit
You, as the claimant, can bring a civil lawsuit against the tortfeasor,
in which you will be claiming financial damages for the at-fault party’s
intentional and wrongful act. If criminal charges are brought, they are
brought by the government, who is the plaintiff in the matter. Potential
penalties for criminal charges include jail time and/or fines. In a civil
suit, the plaintiff can recover medical expenses, property damage, pain
and suffering, and even punitive damages in some cases.
The burden of proof is lower with a civil case versus a criminal matter.
This means that even a defendant who is found not guilty in a criminal
case can lose a civil case and be forced to pay the claimant.
The majority of personal injury claims have economic and noneconomic damages
included in a settlement or a judgment. Economic damages are those that
include the cost of medical treatments, lost wages, property damage, and
potentially the future loss of income. Non-economic damages are those
that are more subjective, like pain and suffering or loss of support.
Intentional harm cases may have the element of punitive damages included.
These damages are intended to punish a wrongdoer for his or her wrongful act.
Retaining a Maryland Personal Injury Attorney
If you have been the victim of a wrongful act, negligent or intentional,
it is important to speak to a skilled Maryland personal injury attorney.
At the Law Office of Robert R. Castro, we have years of experience handling
all types of personal injury matters. Contact our office online or call
us at 301-870-1200 to schedule a consultation.