An intentional tort involves an action or activity calculated to harm or offend the victim. Examples of these torts include assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, trespass to land, and trespass to chattels (taking personal property). In certain situations, the conduct involves not only tort law but also criminal law.
The problem with intentional torts is that in many cases there is no insurance coverage available to compensate the injured party for his or her injuries. For example, if a person assaults you and causes you serious injury, you could not successfully submit a claim to that person’s homeowners or automobile insurance company, as coverage would be denied. To receive compensation, you would then have to look to the assets or property owned by the person who committed the tort. In many instances, the offending party will have few, if any, assets. Therefore, you would have little chance of collecting any money for your injuries.
You might have a strong case in which the liability or fault of the offending party is clear, and also you may have sustained significant damages that would make your case worth a lot of money. Nevertheless, if an attorney is not able to collect any of these funds, there is no economic incentive for an attorney to take the case, because no one is likely to receive any money even if the case is successful.
It is important to consult with an experienced personal injury lawyer to review the facts of your case and the various potential theories of liability that might provide for insurance coverage, perhaps even from a third party. For example, if a bar serves alcohol to an intoxicated person who later starts a fight with another patron and causes an injury to that patron, then the bar might be liable for serving too much alcohol to the party who started the fight. You might have other causes of action available to you against others who might be insured which could allow for the recovery of money damages. Call our experienced team at 888-244-5480 for a free consultation today.