Common Types of Intentional Torts
Most people think of car crashes, slips and falls, and other accidents when talking about personal injury cases. However, not every injury is an accident. Some injuries occur intentionally. These cases often involve intentional torts.
Here is what you need to know about common types of intentional torts in North Carolina and your right to compensation after a deliberate injury.
What Is an Intentional Tort?
An intentional tort happens when someone deliberately does something that causes harm to another person. Intentional torts involve actions done on purpose. This is different from negligence, which is about carelessness. The person does not have to intend to cause the exact injury, but they must have intended to perform the act that caused harm.
Common Intentional Torts in North Carolina
There are several common intentional torts in North Carolina.
These include:
Assault
Assault occurs when someone intentionally causes another person to reasonably fear immediate, harmful, or offensive contact. It can lead to criminal charges as well as civil personal injury claims.
Key points about assault claims include:
- Physical contact does not have to occur.
- The threat must be immediate and believable.
- Words alone are often not enough unless paired with threatening actions or surrounding circumstances.
For example, raising a fist and threatening to hit someone while standing close enough to do so may qualify, even if no punch is thrown.
Battery
Battery is closely related to assault. It occurs when someone intentionally makes harmful or offensive physical contact without consent.
This type of claim commonly arises in situations involving:
- Fights or physical altercations
- Unwanted touching
- Using an object to strike someone
The contact does not have to cause serious injury. Even minor but offensive physical contact can support a claim.
False Imprisonment
False imprisonment involves intentionally restricting someone’s movement without legal authority or consent. The person does not have to be in handcuffs or a locked room. Being prevented from leaving can be enough.
Examples include:
- Physically blocking someone from leaving
- Locking a person in a room
- Detaining someone without legal justification
Business owners may have limited rights to detain suspected shoplifters, but unreasonable force or delay can lead to civil liability.
Intentional Infliction of Emotional Distress
The North Carolina Supreme Court has recognized that not all injuries are physical. Intentional infliction of emotional distress occurs when someone’s extreme and outrageous conduct causes severe emotional harm.
A claim generally requires:
- Conduct that goes beyond all bounds of decency
- Intent to cause emotional distress or reckless indifference to the likelihood of causing it
- Severe emotional suffering that no reasonable person should be expected to endure
Ordinary insults or rude behavior usually do not qualify.
Defamation
Defamation involves false statements that harm a person’s reputation. While often associated with media or online posts, defamation can occur in many everyday settings.
There are two forms:
Defamation claims involve false statements shared with others that harm a person’s reputation. Since truth is a defense, not every negative comment meets the legal definition.
What Compensation May Be Available for Intentional Torts?
Victims of intentional torts may seek many of the same types of damages available in other personal injury cases. These damages are intended to help restore what was lost and address the impact of the harm.
Compensation may include economic and non-economic damages for:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages in cases involving fraud, malice, or willful or wanton conduct
Every case is different. The available damages depend on the facts and the severity of the injury.
Contact a Charlotte Personal Injury Lawyer at Chandler Volta Personal Injury Lawyers for a Free Consultation
If you were intentionally harmed, you deserve accountability and full compensation for your losses. Intentional tort cases can be legally complex, and having an experienced attorney on your side can make a difference.
Chandler Volta Personal Injury Lawyers represents victims in Charlotte and across North Carolina who have suffered harm due to assault, battery, defamation, false imprisonment, and other intentional acts. Contact our office today for a free consultation with a Charlotte personal injury lawyer and learn how we can help you move forward.
For more information, contact an experienced personal lawyer at Chandler Volta Personal Injury Lawyers to schedule a free consultation.
We proudly serve clients in Charlotte, NC, Mecklenburg County, and its surrounding areas:
Chandler Volta Personal Injury Lawyers
1244 East Blvd, Charlotte, NC 28203
(704) 980-9999
24/7