In the field of personal injury, different types of torts are involved. Now, a tort is a cause of action for harm and sometimes it's an intentional tort, meaning that the bad actor did it on purpose. Other times, there's a negligence cause of action, meaning that the bad actor simply didn't use reasonable care that other people would use under like circumstances.
An intentional tort differs from negligence in several respects. An intentional tort is usually something like an assault or a battery. Oftentimes, there is no insurance coverage for an intentional tort. For negligence cases, there often is insurance coverage that would provide protection for those that are harmed through the negligence. Here at Holliday Karatinos, our Florida personal injury attorneys handle cases for both intentional torts and negligence. If you think you have a case, please come in and we'd be glad to talk with you and figure out if you have a case together.
FAQs
What is the difference between intentional tort and negligence?
The main difference between intentional tort and negligence lies in intent.
- Intentional tort occurs when a person deliberately causes harm (e.g., assault, battery).
- Negligence involves a failure to exercise reasonable care, leading to accidental harm (e.g., car accidents, medical errors).
Intentional torts require proof of purposeful misconduct, while negligence is based on carelessness or failure to act prudently.
What is an example of a negligent tort?
A common example of a negligent tort is a car accident caused by distracted driving. If a driver texts while driving and rear-ends another vehicle, causing injury, the driver may be held liable for negligence due to their failure to uphold a duty of care.
What is an example of an intentional tort?
An example of an intentional tort is battery. If someone physically strikes another person without consent, intending to cause harm, that person can be sued for battery—an intentional act causing harmful or offensive physical contact.
How to prove tort of negligence?
To prove a tort of negligence, you must establish four legal elements:
- Duty – The defendant owed a legal duty to the plaintiff.
- Breach – The defendant breached that duty by acting (or failing to act) unreasonably.
- Causation – The breach directly caused the plaintiff’s injuries.
- Damages – The plaintiff suffered actual harm or losses as a result.
Each element must be supported by evidence, such as witness statements, expert testimony, and medical records.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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