Most personal injury claims involve accidents, meaning cases where someone was careless but didn’t mean to cause harm. Intentional torts are different. These cases involve deliberate actions that result in someone else getting hurt. If you’ve been the victim of an assault, battery, or another form of intentional misconduct in Georgia, you may be able to file a lawsuit for damages.
Georgia law allows you to pursue a civil claim if someone has hurt you on purpose. This is separate from any criminal charges that may be filed. While the state handles the criminal case, a civil case is your opportunity to seek compensation for your financial expenses, pain and suffering, and other losses.
Examples of Intentional Torts
Intentional torts are wide-ranging. What they all share in common is the defendant’s intent to commit the act that caused harm.
Some of the most common examples include:
- Assault: Attempting to injure someone or acting in a way that causes fear of imminent harm.
- Battery: Making physical contact with another person in a harmful or offensive way.
- False imprisonment: Holding someone against their will without legal authority.
- Intentional infliction of emotional distress: Causing psychological harm through extreme or outrageous behavior.
- Defamation: Damaging someone’s reputation through false statements, either written (libel) or spoken (slander).
- Trespassing or property damage: Intentionally entering or damaging another person’s property without permission.
If any of these have happened to you, you might be eligible to bring a personal injury claim under Georgia law.
How Do You Prove an Intentional Tort?
Unlike negligence cases, intentional torts do not require proof that the defendant acted carelessly. Instead, you must show that they acted on purpose and caused you harm.
To succeed with an intentional tort claim in Georgia, you generally must prove:
- Intent: The person meant to perform the act, even if they didn’t intend the exact injury.
- Action: There was a specific action that led to harm.
- Causation: That action proximately and directly caused your injuries.
- Damages: You suffered actual harm, which could be physical, emotional, or financial.
Take assault and battery as an example. You would need to show that the other person acted deliberately and either tried to hit you or actually did. Even if the physical injury was minor, the intent behind the action is what sets this apart from a negligence claim.
What Damages Are Available in an Intentional Tort Case?
If you win your case, you could be awarded two types of compensatory damages: economic and non-economic. Georgia law also allows punitive damages in certain intentional tort cases.
Economic damages cover your out-of-pocket and financial losses, such as:
- Medical expenses
- Lost income
- Property damage
- Rehabilitation costs
Non-economic damages address more personal losses, such as:
- Physical pain
- Mental and emotional suffering
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive damages, which are less common, are designed to punish the defendant and deter others from engaging in similar behavior. These are usually awarded only if the conduct was especially egregious, reckless, or malicious. Georgia law typically limits punitive damages to $250,000, but that cap doesn’t apply to cases involving intentional harm.
How Is an Intentional Tort Different From a Crime?
It’s possible for one act to lead to both criminal and civil consequences. For instance, if someone punches you at a bar, they might be arrested and charged with assault. That’s the criminal side, handled by the government.
But you can also file a civil lawsuit against the same person to seek compensation for your injuries. The purpose of the criminal case is to punish the defendant or protect society. The purpose of your lawsuit is to make you whole for the harm you’ve suffered.
These two processes are entirely separate. Even if criminal charges are dropped or the defendant is found not guilty, you may still win your civil case. The standard of proof is lower in civil court, as your attorney only needs to prove that it’s more likely than not that the defendant is liable.
How Long Do You Have to File an Intentional Tort Lawsuit in Georgia?
In most Georgia personal injury cases, including those based on negligence, you have two years from the date of injury to file a lawsuit. However, claims involving intentional torts can sometimes be subject to slightly different rules depending on the situation.
If the injury was caused by a crime, and the person who hurt you was prosecuted, the statute of limitations may be paused during the criminal case. You may have additional time to file your civil lawsuit afterward. Still, it’s best not to wait. These cases are often complex and time-sensitive.
If you miss the deadline, you could lose your right to recover any damages at all, regardless of how strong your case may be.
Contact Our Georgia Personal Injury Lawyers for Help With an Intentional Tort Case
If you were intentionally harmed by someone else, you deserve justice, and The King Firm Car Accident and Personal Injury Lawyers can help. Our experienced Georgia attorneys are committed to holding wrongdoers accountable and fighting for the maximum compensation you’re owed. We’ll guide you through every step of your case with skill and compassion.
Call us at (229) 386-1376 for a free consultation. You pay nothing unless we win your case.
