Not All Personal Injury Cases Involve Negligence

hajran-pambudi-403848-copy-300x199There may be some confusion in the world of non-lawyers regarding the kinds of incidents that can lead to a lawsuit and personal injury claim. Most people know that if you are in a car accident, slip and fall at a business, or are injured on someone else’s property, you probably have a claim for a personal injury lawsuit. These are not the only kinds of personal injury cases, however, and an experienced Atlanta personal injury lawyer can help you determine if you are able to file a personal injury lawsuit following your accident or incident.

The kinds of cases cited above, car accident, etc., all involve some element of negligence. The basic principle behind negligence is the failure to do something that should be done. For example, a failure to drive safely is negligent when it causes an accident, but negligence does not really involve intentionally bad behavior.

Atlanta Personal Injury Lawyer on Intentional Torts

The kinds of personal injuries caused by the intentional actions of others to hurt someone are called, fittingly, intentional torts. These kinds of injuries are even more serious than those caused by negligence because they involve some kind of intent to injure and hurt another. A short list of these kinds of torts includes:

  • Assault: A harmful or offensive action that puts someone in immediate fear of their safety.
  • Battery: A harmful or offensive contact with another, no matter how slight.
  • Intentional Infliction of emotional distress: Intentional, harmful conduct intended to emotionally harm another.
  • False Imprisonment: Holding someone against their will without legal justification.

These are just a few of the intentional torts that can cause personal injury, and for which a personal injury claim should be pursued with the help of a qualified, personal injury attorney serving the Atlanta area.

The Intent is What Matters

With these cases, it is often not the seriousness of the injury that matters as much as the intent another has to harm. Under our system of laws, it is important that this kind of behavior is punished and prevented, so we can all live in peace. The Georgia Supreme Court explained this important principle in a case from the early 2000s.

In that case, Vasquez v. Smith, the Georgia Supreme Court overturned a lower court’s ruling that intentionally harmful conduct constituted a personal injury. The court reaffirmed the principle of the law that a simple, unwanted, intentional touching makes an actionable battery. Meaning, if someone even touches you in a harmful or offensive matter, then you have a case against that person.

What does this mean for you? It means that none of us has to put up with harmful or offensive actions that cause injury. The law affords each of us a remedy to punish and protect us from just this kind of activity.

Your Personal Injury Attorney Serving the Atlanta Area

If you are the victim of a personal injury, whether caused by negligence or the intentional acts of another, you need an advocate in your corner. That is what we are at The Angell Law Firm. We are dedicated to seeing that you get the compensation your case deserves. Contact us today so we can help you understand what you options are.

(image courtesy of Hajran Pambudi)