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.

The medical care-providers might have been acting under the instructions of a physician or the executives of a hospital. Their actions might have resulted in your injuries. In this situation, the executives or the physicians will be charged with vicarious liability. If subordinate police officers have applied excessive forces under the instructions of their supervisor, the respective supervisor will face vicarious liability charges. The parents may also face vicarious liability charges, if they were capable of preventing their child from hurting others. The circumstances may vary from one state to another. It is hard to determine the present of vicarious liabilities. Only an experienced personal injury lawyer in Whitby will be able to advice you judiciously about these liabilities depending upon your situation. To read more Click Here
Carter & Davis, 12 Pike St, New York, NY 10002, (541) 754-3010
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