Will Personal Injury Lawyer In Whitby Advise You In Cases With Intentional Torts?
You will be suitable for a personal injury claim in two different situations. You either have received injuries due to the negligence of someone else or due to the intentional harmful act of the defendant. If the defendant caused you injuries knowingly, an experienced personal injury lawyer in Whitby will let you bring the charges of intentional torts against the defendant. The harmful actions included within the category of intentional torts are - assault, battery, false imprisonment, conversion, infliction of emotional distress, invasion of privacy, trespassing, fraud and defamation. Your jurisdiction may also include other intentionally harmful actions within this category.
The Responsibility of the Plaintiff
As a plaintiff, you have to establish the harmful intentions of the defendant during a court-based trial in order to receive any compensation. The intentional act of the defendant might not have actually caused you any harm. If there was certainty or substantial certainty for the harm to occur, your personal injury lawyer in Whitby will be able to sue the defendant with a winnable lawsuit. You will need to ensure that the lawyer works on the case properly.
Secondary Victims in Cases of Intentional Torts
There is a chance for you to receive compensation in a personal injury case involving intentional torts, even if you are the secondary injured individual. The defendant may try hurting the plaintiff with a massively injuring device/element. You may end up getting caught within the situation and receive injuries as a result of this. Irrespective of the defendant's intentions, your personal injury lawyer in Whitby will help you win compensatory damages as the secondary victim of this situation. The intentional act of the defendant will be regarded as 'transferred intent' in a situation like this.
The Presence of Vicarious Liabilities in Intentional Torts
The
vicarious liability is an important part of a case involving intentional torts.
Someone else might have compelled the defendant to harm you. The defendant may
also perform an injurious act under the instructions of an employer/supervisor.
The aforementioned scenarios will help your personal injury lawyer in Whitby in
charging the supervisor/the employer with vicarious liability.