When a personal injury happens, it can be easy to want to accuse the other person of intentionally harming you. However, that might not be the case. Read on to learn about some key differences between negligence and intent.
Negligence vs. Intent: How They Affect Injury Law
In the event that you are injured by another person, the case is quickly put into a vast legal category called a tort. A tort means that someone has intentionally or intentionally caused harm to you or your property. Although it sounds pretty simple, torts, in terms of negligence, can be quite a challenge to determine. Therefore, the following includes information on the differences between these two and how they affect injury law.
State of Mind and Injury Law
Anything that is introduced to the court will be labeled as a personal injury claim. This is something that states that there was a present and reasonable standard placed to care for you and other guests within the property. Now, to determine if there were more malicious intentions going on, a personal injury lawyer will investigate the owner’s state of mind at the moment of the accident. If the person was simply trying to do their job and had no intention of harming the person, the courts will then look into four areas to determine negligence. These four include a duty of care, breach, the defendant caused the plaintiff loss, and if the plaintiff suffered damages.
In terms of intentional torts, this occurs when a person plans and acts to cause damage to a person in the form of property or bodily damage. The most common of these and types that most states agree upon include battery and assault, to name a few.
Similar Hearings Regarding Negligence
There’s a reason why so many tend to mix up negligence and intent. A large reason for that is because they are both held as civil proceedings. In this legal category, the courts are not looking to convict anyone but rather to make sure that the injured party is compensated for any damages that occurred during the event.