What Is an Intentional Tort?

What Is an Intentional Tort? 

In personal injury law, most people are familiar with claims based on accidents—cases where someone’s negligence causes harm to another person. However, not all injury cases are the result of carelessness. Some arise from deliberate, wrongful actions. These are known as intentional torts. 

An intentional tort occurs when someone deliberately engages in conduct that causes harm or injury to another individual. Unlike negligence—which involves a failure to act with reasonable care—intentional torts are characterized by purposeful actions, even if the individual didn’t intend the full extent of the harm that followed. In Virginia, if you’ve been harmed because of another person’s intentional behavior, you may be entitled to pursue compensation through a civil lawsuit. 

How Intentional Torts Differ from Negligence 

Negligence cases revolve around carelessness—a driver not watching the road, a property owner failing to remove a hazard, or a business not warning customers about dangerous conditions. Intentional torts, on the other hand, involve someone making a conscious choice to act in a way that is likely to result in harm. 

For instance, if someone physically strikes you, that is not an accident. It’s a deliberate action that constitutes battery, a form of intentional tort. The key difference lies in the intent behind the act. The law holds people accountable not just for what they accidentally cause, but also for harm they cause on purpose. 

Common Types of Intentional Torts 

Rutter Mills personal injury lawyers have represented many clients in Virginia who were victims of intentional misconduct. Some of the most common forms of intentional torts include: 

Assault and Battery 

• Assault occurs when someone threatens imminent harm in a way that causes fear or apprehension. 

• Battery is the actual act of physically striking or touching another person in an offensive or harmful manner.
  Even if no visible injuries are present, these actions can form the basis of a personal injury claim. 

Intentional Infliction of Emotional Distress 

This occurs when someone acts in an extreme or outrageous way, intending to cause severe emotional trauma. The distress must be significant enough to impact the victim’s mental and emotional well-being. 

False Imprisonment 

When someone is unlawfully confined or restrained against their will—such as being locked in a room or held without legal authority—it can give rise to a civil lawsuit. 

Defamation 

Making false statements that damage a person’s reputation can lead to a defamation claim. This includes both libel (written statements) and slander (spoken statements). 

Trespass and Invasion of Privacy 

Entering someone’s property without permission or violating their private space—such as unlawfully using their personal information—can also constitute intentional torts under certain circumstances. 

Civil vs. Criminal Implications 

Many intentional torts can overlap with criminal offenses, such as assault or fraud. However, a personal injury claim is civil in nature, which means the goal is to recover monetary compensation for harm suffered, not to convict the wrongdoer of a crime. 

Even if criminal charges are filed separately by the state, you still have the right to file your own civil lawsuit to seek damages for medical expenses, lost wages, emotional trauma, and other impacts. You do not have to wait for a criminal conviction to pursue a civil case. 

Compensation in Intentional Tort Cases 

Victims of intentional torts may be eligible to recover a variety of damages through a civil claim, including: 

• Medical expenses for treatment and recovery 

• Lost wages if your injuries affect your ability to work 

• Pain and suffering for physical and emotional trauma 

• Punitive damages, in cases where the defendant’s conduct was especially egregious 

Punitive damages are designed not just to compensate the victim, but also to punish the wrongdoer and deter similar behavior in the future. 

Why Legal Help Matters 

Cases involving intentional harm can be emotionally taxing and legally complex. Insurance companies often deny coverage for intentional acts, which means the responsible party may have to pay damages out-of-pocket. An experienced attorney can investigate the incident, gather evidence, and advocate on your behalf. 

At Rutter Mills, our legal team has decades of experience handling complex personal injury cases, including those that involve deliberate misconduct. We understand the sensitivity of these cases and are committed to standing up for victims and helping them achieve justice. 

Contact Rutter Mills for Help 

If you or a loved one has been harmed by someone’s intentional actions, you do not have to navigate the legal system alone. Contact Rutter Mills today for a free consultation. Our attorneys will listen to your story, explain your legal options, and fight to secure the compensation you deserve.