If someone else injures you on purpose in St. Louis, you might have an intentional tort claim under Missouri law. While many personal injury cases are based on negligence, intentional torts are different because they involve deliberate actions.
Understanding what an intentional tort is can help you protect your legal rights and pursue the compensation you deserve. Missouri law allows injured victims to hold wrongdoers accountable for the harm they cause through civil lawsuits. In some cases, there could also be criminal charges.
How Are Intentional Torts Different from Negligence?
Most personal injury cases in Missouri involve negligence. In a negligence case, the other person (known as the defendant) didn’t necessarily mean to cause harm; they were just careless or reckless. With intentional torts, however, the defendant acts on purpose.
In an intentional tort claim, the focus is on whether the defendant deliberately caused harm, rather than whether they failed to exercise reasonable care. Even if the defendant didn’t intend the full extent of the injury, they can still be held liable if they intended to do the harmful act.
Types of Intentional Torts Under Missouri Law
Intentional torts cover a wide range of actions.
Some of the most common types recognized under Missouri law include:
- Assault: An act that puts someone in reasonable fear of immediate harmful or offensive contact. Physical contact is not necessary for assault.
- Battery: Actual harmful or offensive physical contact with another person without their consent.
- False imprisonment: Illegally restraining or confining someone against their will.
- Intentional infliction of emotional distress: Extreme and outrageous conduct that intentionally or recklessly causes severe emotional trauma.
- Defamation: Communicating false information that harms a person’s reputation (either spoken as slander or written as libel).
- Trespass: Intentionally entering or interfering with someone’s property without permission.
- Conversion: Wrongfully taking or controlling someone else’s property as if it were your own.
Each of these torts has unique elements that must be proven in court. An experienced Missouri personal injury lawyer can help you understand what evidence is necessary for your particular claim.
What Damages Can Be Recovered in an Intentional Tort Case?
If you win an intentional tort case in Missouri, you may be entitled to several types of compensation for your economic and non-economic damages.
Examples of economic and non-economic damages include:
- Medical expenses: Costs for treatment, therapy, surgery, and future care needs
- Lost wages: Income lost while you recover from your injuries
- Pain and suffering: Physical pain and emotional distress resulting from the incident
- Property damage: Costs to repair or replace any property that was harmed
- Loss of enjoyment of life: Impacts on your ability to engage in daily activities you used to enjoy
In some cases, Missouri courts may also award punitive damages. Punitive damages are meant to punish the defendant for especially harmful behavior and deter others from engaging in similar conduct.
Is Criminal Action the Same as an Intentional Tort?
It’s important to understand that an intentional tort lawsuit is separate from any criminal charges the defendant might face. Criminal cases are prosecuted by the state and focus on punishing the offender with jail time, fines, or probation.
Intentional tort claims are civil cases. They are filed by the injured party and focus on obtaining compensation for the harm done. You can file a civil lawsuit even if the defendant is never charged criminally or if they are found not guilty in a criminal court.
How Long Do You Have To File an Intentional Tort Claim in Missouri?
Missouri law imposes strict deadlines for filing most lawsuits. Generally, you have five years from the date of the incident to file a personal injury lawsuit, including cases based on some intentional torts. This deadline is called the statute of limitations.
However, some cases involving intentional harm may have a shorter time limit of two years. If you miss the applicable deadline, you could lose your right to seek compensation altogether.
Calculating the statute of limitations can be tricky and typically depends on the facts of your case. It’s a good idea to speak with a Missouri personal injury attorney as soon as possible after the incident.
Contact a St. Louis Personal Injury Lawyer for a Free Consultation
If you’ve been harmed by someone’s intentional actions in Missouri, you don’t have to face the aftermath alone. Filing an intentional tort claim can help you recover compensation for your physical injuries, emotional suffering, and financial losses.
Contact an experienced St. Louis personal injury lawyer today for a free consultation at (314) 444-4444. Let our team at Schultz & Myers Personal Injury Lawyers help you move forward and fight for justice. We work on a contingency fee basis, which means you only pay attorney’s fees if we successfully handle your claim.
