Intentional Tort
Not every injury is caused by negligence. Some happen because someone meant to cause harm. These cases fall under an area of law called intentional torts. Unlike negligence claims, intentional torts involve purposeful actions that result in injury or loss.
If you were harmed by someone else’s deliberate conduct, you may be able to file a personal injury lawsuit in Colorado. The law allows victims to seek damages for the physical, emotional, and financial effects of intentional wrongdoing. Learning about how these cases work can help you protect your rights and make informed decisions about what to do next.
What Counts as an Intentional Tort?
An intentional tort is a wrongful act done on purpose. The person doesn’t need to intend the exact injury that occurred, but they must have intended the act itself.
Several types of personal injury cases can fall under this category, including:
- Assault: threatening or attempting to hurt someone
- Battery: intentionally making harmful or offensive contact
- False imprisonment: holding someone against their will without legal authority
- Intentional infliction of emotional distress: outrageous conduct that causes severe emotional harm
- Trespass to land: entering someone’s property without permission
- Trespass to chattels or conversion: wrongfully taking or using someone else’s personal property
Criminal charges can also be filed in many of these cases, but that doesn’t prevent related civil claims from proceeding. The purpose of a tort claim is to compensate the victim, not to punish the defendant.
How Do You Prove an Intentional Tort in Colorado?
While each intentional tort has its own legal elements, most cases share a few basic things that must be shown in court. You’ll typically need to prove:
- The defendant acted intentionally.
- The act was wrongful or unlawful.
- You suffered harm as a result of that act.
Let’s say someone punches you at a bar. If they did it on purpose, it may qualify as battery. Even if they didn’t mean to break your nose, they still meant to hit you, and that’s enough to bring a claim.
Compared to negligence cases, where you have to show that someone should have acted more carefully, intentional torts are often clearer regarding liability.
What Damages Are Available in an Intentional Tort Case?
If you can prove that someone intentionally caused you harm, Colorado law gives you the right to pursue economic and non-economic damages. These can include:
- Medical bills for emergency treatment, surgery, or follow-up care
- Lost income if you had to miss work while recovering
- Pain and suffering for the physical discomfort and emotional distress you experienced
- Emotional distress caused by the trauma or fear from the incident
- Property damage if your belongings were damaged during the event
In some cases, you may also be eligible for punitive damages, which punish the defendant for especially harmful conduct. These aren’t awarded in every case, but can apply if the defendant’s actions were reckless or malicious.
Are Intentional Torts Different From Crimes?
Yes. Intentional torts and criminal acts can involve the same behavior, but they serve different purposes and follow different legal processes.
For example, if someone assaults you, they might face criminal prosecution by the state. That process is designed to hold them accountable under the law and could lead to jail time or fines. But it won’t pay for your medical bills or lost wages.
You’d need to file a civil lawsuit for battery or another intentional tort to recover money for your injuries. That case is brought by you, not the government, and the goal is to recover damages, not to convict the other party of a crime.
In Colorado, it’s not uncommon for both a criminal case and a civil case to happen at the same time. The outcome of one doesn’t always control the other, but a criminal conviction can often support your personal injury claim.
Can I File a Civil Lawsuit if There’s Already a Criminal Case?
Yes. In fact, filing a civil claim may be one of the best ways to recover compensation, even if the defendant is being prosecuted.
One important thing to understand is that civil cases have a lower burden of proof. In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt. In a civil case, you only need to prove that it’s more likely than not that the defendant is liable.
This difference means that even if the person isn’t convicted of a crime, you might still succeed in a civil lawsuit.
Contact a Denver Personal Injury Lawyer About Your Legal Rights
If someone intentionally hurt you, you may have more legal options than you think. An experienced Denver personal injury attorney can help you determine your best course of action and, from there, work to maximize the value of your claim.
Reach out to Zaner Law Personal Injury Attorneys to schedule a free consultation. You can contact us online or call (720) 613-9706 for further assistance.
