An intentional tort can leave you physically injured, at a financial loss, or without valuable and prized possessions. When such a thing happens to you or a family member, you have options for holding the responsible party to account, but you must understand what constitutes an intentional tort and why such an event gives you the right to take legal action.
First, know that “tort” is just the word that lawyers and courts use to describe a harm that creates legal liability. In cases involving intentional torts, the person or organization that caused the harm meant to do so. As a result, the — legal term alert — tortfeasor owes the victim of their purposefully injurious action monetary damages and, in many instances, repayment and other forms of restitution.
As Cleveland, Ohio, intentional tort attorneys, the lawyers with Agee Clymer Mitchell & Portman typically take cases that arise from assaults, fraud, and thefts. We provide typical examples of each type of intentional tort case below. If any of the scenarios sound like harms you suffered, give us a call at (800) 678-3318 to discuss strategies for holding the wrongdoer accountable. We also take appointments online, so fill out this contact form and share some details of what happened.
Any kind of physical attack or credible threat of a physical attack automatically meets the definition of an intentional tort. A common situation would be a robbery that leaves the victim with broken bones, stab wounds, or gunshot wounds. A sexual assault could also give rise to an intentional tort claim, as would manslaughter or murder.
Note that while the assault is a crime, the prosecution of that criminal act would happen separately from any civil lawsuit. A conviction will not be needed for the victim and his or her Cleveland intentional tort attorney to succeed with the lawsuit, but all the same, evidence can be used in both court proceedings.
What most people think of as stealing, the law calls “conversion.” The act of taking someone else’s property or possessions and using them as one’s own creates an intentional tort. Examples should be obvious, including car theft, removing electronics and jewelry from a home, and charging items to another person’s credit card.
Working with a Cleveland intentional tort attorney can enable a victim of theft to secure the replacement or return of stolen objects, the repayment of illegally spent funds, and cash damages that reflect costs incurred while dealing with an insurance company, making repairs, and suffering stress.
The law does not allow individuals or businesses to lie for material gain. For instance, a store cannot sell counterfeit goods or promise one price while charging another. A person cannot provide false information in a binding contract or promise to pay and then fail to do so.
Fraud cases are among the most difficult to prove because the victim and his or her Cleveland, Ohio, intentional tort attorney must convince a judge or jury that the fraud was committed knowingly and with the purpose to take money or receive services and benefits. Misunderstandings and mistakes are not fraud.
The victim must also demonstrate that he or she suffered real harm as a result of believing the fraudulent representations. Merely getting inconvenienced and/or going a few dollars out of pocket does not merit filing an intentional tort lawsuit.