Experienced Intentional Tort Attorneys in Boca Raton
Unlike accidents caused by negligence, intentional torts involve deliberate acts designed to cause harm to another person. When someone intentionally injures you through assault, battery, fraud, defamation, or other willful conduct, you have the right to pursue civil damages that go far beyond what the criminal justice system can provide.
At ROSELLI & McNELIS, our attorneys have extensive experience pursuing civil claims arising from intentional acts of harm. We understand that although assault and battery are often mentioned together, they are distinct legal causes of action, each with specific elements that must be proven. Our thorough approach to investigation and litigation ensures that victims of intentional torts receive the full compensation they deserve, including punitive damages designed to punish the wrongdoer.
Types of Intentional Torts We Handle
Our attorneys represent victims of a wide range of intentional torts under Florida law, including:
- Assault: The intentional creation of a reasonable fear of imminent harmful or offensive contact. Assault does not require physical contact -- the threat itself is actionable when it places the victim in genuine fear of harm.
- Battery: The intentional and harmful or offensive touching of another person without their consent. Battery can range from a punch or kick to unwanted sexual contact and can result in both criminal prosecution and civil liability.
- Fraud: The intentional misrepresentation of a material fact, made with knowledge of its falsity, that causes another person to suffer financial or other damages by relying on that misrepresentation.
- Defamation (Libel and Slander): The intentional publication of false statements that damage a person's reputation. Libel refers to written defamation, while slander involves spoken false statements.
- False Imprisonment: The intentional confinement or restraint of a person against their will without legal justification, such as unlawful detention by a security guard or store employee.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct intentionally designed to cause severe emotional suffering to the victim.
Assault vs. Battery: Understanding the Difference
While often mentioned together, assault and battery are separate intentional torts with distinct legal elements:
- Assault involves the threat or attempt to cause harm. The key element is that the victim reasonably believed they were about to be subjected to harmful or offensive contact. No actual physical contact is required for an assault claim.
- Battery requires actual physical contact. The touching must be intentional and either harmful or offensive. Even minimal contact can constitute battery if it was unwanted and intentional.
- Both claims can be pursued simultaneously. If someone threatens you and then follows through with physical contact, you may have valid claims for both assault and battery, each carrying separate damages.
Civil vs. Criminal Proceedings
It is important to understand that civil intentional tort claims are separate from criminal prosecutions. The two proceedings can run simultaneously, and the outcome of one does not determine the other:
- Different Standards of Proof: Criminal cases require proof "beyond a reasonable doubt," while civil cases only require a "preponderance of the evidence." This means you may win a civil case even if the criminal case results in acquittal.
- Different Remedies: Criminal courts impose punishment such as jail time and fines paid to the state. Civil courts award monetary damages directly to the victim for medical bills, lost wages, pain and suffering, and punitive damages.
- Victim Control: In criminal proceedings, the state controls the prosecution. In civil proceedings, you and your attorney control the case and make all strategic decisions.
Punitive Damages in Intentional Tort Cases
One of the most significant advantages of pursuing a civil intentional tort claim is the availability of punitive damages. Unlike compensatory damages, which reimburse you for actual losses, punitive damages are designed to punish the wrongdoer and deter similar conduct in the future:
- Higher Damage Awards: Punitive damages can significantly increase the total recovery in intentional tort cases, sometimes exceeding compensatory damages many times over.
- Standard for Punitive Damages: Under Florida law, punitive damages are available when the defendant's conduct was intentional, malicious, or demonstrated a conscious disregard for the rights of others.
- No Insurance Coverage: Intentional acts are typically excluded from liability insurance coverage, meaning the defendant may be personally responsible for the full amount of the judgment.
Compensation Available in Intentional Tort Cases
Victims of intentional torts may recover a broad range of damages, including:
- Medical Expenses: All costs of treatment for physical injuries, including emergency care, surgery, rehabilitation, and ongoing therapy.
- Lost Wages: Income lost during recovery and diminished future earning capacity.
- Pain and Suffering: Compensation for physical pain, emotional distress, humiliation, fear, anxiety, and loss of enjoyment of life.
- Damage to Reputation: In defamation cases, damages for harm to your personal and professional reputation.
- Punitive Damages: Additional damages to punish the wrongdoer and deter others from similar conduct.
Frequently Asked Questions
Yes. Civil and criminal cases are entirely separate proceedings with different standards of proof. You can pursue a civil intentional tort claim regardless of whether criminal charges are filed or the outcome of any criminal case. In fact, many victims successfully recover substantial damages in civil court even when the perpetrator is acquitted in criminal court because the civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
The key difference is intent. Negligence involves careless or reckless behavior where the person did not intend to cause harm but failed to exercise reasonable care. An intentional tort requires that the person deliberately acted to cause harm or knew with substantial certainty that harm would result from their actions. This distinction is important because intentional torts may allow for punitive damages and are not typically covered by the wrongdoer's liability insurance.
In Florida, the statute of limitations for most intentional tort claims is four years from the date of the incident. However, some intentional torts have shorter filing deadlines. For example, defamation claims must generally be filed within two years. It is essential to consult with an attorney as soon as possible to ensure your claim is filed within the applicable deadline and to preserve critical evidence.