Usually, someone that files a personal injury claim has been harmed accidentally. Still, some victims have been the targets of an intentional tort. You need to contact a Personal Injury Lawyer in St John’s to get justice and assistance if you have been injured.
What is an intentional tort?
An intentional tort is an act that forces the victim to suffer a personal injury. The responsible party has done something on purpose.
What happens when someone gets charged with an intentional tort?
If that happens, then one private citizen has a fight with a second private citizen. The two sides face each other in a civil court. If the plaintiff wins, then the defendant must pay to that same plaintiff the amount of money that has been determined by the jury.
The plaintiff must show that the defendant had a marked level of intent, before committing the egregious and harmful act. In order to get a sizeable compensation, the plaintiff must show the level of harm achieved by the defendant’s intentional actions.
Types of intentional tort
• Misrepresentation: This can be an implied endorsement. Clint Eastwood is suing some sellers of CBC for suggesting that Mr. Eastwood endorsed their product.
• False imprisonment
• Slander and libel: These are both examples of defamation. Slander involves a slander performed by means of a verbal statement; libel indicates performance of slander by using a printed or written statement.
• Assault and battery: Assault entails the creation of apprehension on the part of someone that has received suggestions of a physical threat. Battery concerns a willingness to carry out the dramatized or verbalized threat.
• Wrongful death: That is the charge made by family members of someone that has been killed in an accident.
The level of proof expected from the plaintiff
The plaintiff does not have to prove the charge beyond a reasonable doubt, as is true in a criminal court. The plaintiff’s lawyer must show that the preponderance of the evidence supports the plaintiff’s charge.
The effect of the jury’s decision
Sometimes, the jury’s decision sends a message. For instance, there was one author that wrote about the medical malpractice performed by a former Nazi in a prison camp for Jews. The doctor focused on in that particular book sued the author for libel.
The jury did not dispute the fact that the information in the author’s book defamed the German physician. Still, the members of the jury did not have much respect for that same doctor. They demonstrated their opinion when declaring the size of the doctor’s award.
That award was nowhere close to the amount of money that the doctor almost surely anticipated. Instead it was incredibility low. In other words, it looked like the jury had simply slapped the hand of the man that had written the allegedly libelous book.