Intentional Tort Attorneys in New Orleans, LA
Protecting Your Best Interests After Intentional Harm
Most personal injury cases are filed after accidents. While everyone is responsible for their behavior and the consequences it causes, some people set out to hurt others on purpose. When this occurs, the perpetrators are typically arrested and might face criminal charges. Although this provides victims with a sense of justice, it does not help them with the physical, financial, and emotional consequences they may be facing. Additionally, due to the high burden of proof, some wrongdoers are not convicted of a crime.
This is where intentional tort law comes into play. At The Voorhies Law Firm, we have experience with intentional tort cases and can help you prove each aspect of your lawsuit, including intent.
Keep reading to learn more about intentional torts and call us at (504) 475-2455 for any legal assistance you may need.
What Are Intentional Torts?
Intentional torts are purposeful wrongdoings. Typically, acts or omissions that lead to injury represent a lack of care, but in intentional tort cases, these wrongdoings are done on purpose with the intent to harm someone else, physically or emotionally.
Common intentional torts include:
- Domestic abuse
- Rape, sexual assault, and sexual abuse
- False imprisonment
- Wrongful death
- Intentional infliction of emotional distress
- Invasion of Privacy
- Conversion (the civil version of theft)
If you have been harmed by any of the acts above, don’t hesitate to contact The Voorhies Law Firm today.
Proving an Intentional Tort
Because intentional torts require the defendant to plan, carry out, and be fully aware of their actions, these acts are frequently charged as crimes. Intentional tort claims have many similarities with criminal complaints, and the 2 cases can actually be filed at the same time. For example, consider the case of OJ Simpson. The famous football player was charged with the murder of his wife and one other person and found not guilty. Nevertheless, he was found liable for both deaths in a wrongful death lawsuit.
Civil lawsuits, like wrongful death claims, are held to a lower burden of proof than criminal cases. In a criminal trial, the defendant must be found guilty beyond a reasonable doubt, but in a civil trial, the defendant must be found liable by a preponderance of the evidence. A preponderance of the evidence means that there must be more than a 50% chance that the defendant is liable for the plaintiff’s damages.
Countering Defense Tactics
Still, to prove an intentional tort, you must show that an individual was aware of their actions and had intent. A common defense for these types of cases is for the defendant to say they did not mean any harm. Sometimes, this defense is valid, but many times it is not. Intent must be proven by the theories of willfulness, knowingly causing harm, or recklessness, which means that a defendant who injures someone during a prank can still be held accountable. Similarly, a defendant can be liable for giving a person with a health condition a heart attack when they only intended to give them a fright.
Our New Orleans intentional tort lawyers can build a strong case on your behalf and anticipate defense tactics to increase your chances of a successful suit.
“I was very satisfied with how my case was handled.”- R. B. Stravinsky
“I would highly recommend The Voorhies Law Firm.”- J. Fitzgerald
“The staff kept me up to date with every situation and always called to let me know how the process was going.”- S. Roland