Intentional Torts
What are Intentional Torts?
An intentional tort involves the direct, intentional or wilful invasion of the physical and mental integrity of another person.
Intentional Torts can include the following:
- Assault: This is an act which a person intentionally or recklessly causes another person to apprehend the immediate infliction of unlawful force upon them.
- Battery: This is the actual infliction of unlawful force upon another person.
- False Imprisonment: This is the unlawful restraint of a person by another within a fixed area.
- Trespass to goods/chattels: This is where a person acts in an intentional or negligence way that causes an unauthorised interference with another person’s possession of a chattel.
- Trespass to land: This involves the wrongful interference with one’s possessory rights in real property.
- Conversion: This is where a person exercises dominion over goods, which is a violation of the legal rights of the party who has a right to immediate possession of those goods.
- Intentional infliction of emotional distress.
Are you eligible?
If you have been the victim of any of the above, you may be eligible to make a claim for compensation.
Depending on the circumstances, there are some specific requirements to suing the offender. Enquire with our team today to see if your circumstances meet the relevant requirements.
What are you entitled to claim?
The compensation you may receive if you make a successful claim will vary based on your individual circumstances, and the type of tort you have endured.
There are 4 types of damages that may be awarded in an action for an intentional tort:
- Nominal damages – which account for circumstances whereby there exists an action, but you are unable to prove any injury, loss or damage.
- Compensatory damages – which act to place you in the position you would have been had the tort not occurred. These include compensation for: economic loss, medical expenses, pain and suffering, and care expenses.
- Aggravated Damages – an additional sum payable where the Defendant’s conduct was so outrageous that an increased award is necessary to appropriately compensate injury to your proper feelings of dignity and pride.
- Exemplary/Punitive Damages – an additional sum payable where the court intends to punish the Defendant and deter similar conduct in the future.
Time Limits
You should be aware that time limits apply to making a claim for compensation, and accordingly, it is important that you contact our team and seek the appropriate advice as soon as possible.
Can I also make a Victims Compensation Claim?
If you think that you may fit the abovementioned criteria, you may also be eligible to make a Victims Compensation Claim.
Please follow the link below to see if you meet the relevant eligibility criteria.
Learn more about Victims Compensation Claims
What are the Legal costs?
At Marsdens, in most circumstances, we conduct these cases on a no win/no pay basis. This means that you do not pay our professional legal fees for the time spent preparing your case until the conclusion of the matter and then only if your claim is successful.
In relation to expenses, which primarily relate to the cost of obtaining clinical notes and expert reports, Marsdens have a database of experienced medical and other experts who provide reports of high quality. We will discuss with you the likely cost of reports and if necessary make arrangements to assist you with payment if you are experiencing financial difficulty.
Do I need a lawyer?
It is our experience that the claim process is much less stressful and more accessible if you have a solicitor managing it for you. The early collection of evidence and information is essential to the success of your claim. Sometimes it can be difficult to know how to get the right documents, what law is applicable and whether your claim is worthwhile pursuing.
Instructing a Marsdens solicitor means that you have an experienced professional who will look out for your best interests, consider your circumstances and assist you in the most efficient and beneficial way possible. We aim to provide a personal service with a demonstrated commitment to our clients.
If you think that you may be eligible, or if you have any questions, please contact our team.