When you are harmed by another, though it may be a difficult time for you, seeking to become whole again should be on your priority list. Whether being made whole again is through medical expenses or pain and suffering, filing a lawsuit can be invaluable to you. For those who may not be familiar with the law, determining how to sue someone without legal advice can be frustrating if you do not know what to sue for including whether the tortious conduct was intentional or negligent. That is why it is important to contact an experienced Albuquerque personal injury attorney to determine whether you have a case or not.
Were Their Actions Intentional?
When harm or a wrongful act has been done to a person this harm is considered a tort. Torts can be physical damage, property damage, or reputational harm and can be done either intentionally or negligently. A tort is intentional if someone acts with purpose or with substantial knowledge that a particular harm will occur if a certain action is taken. Intentional torts deal with the subjective mind of what someone was thinking when they harmed another and because of this they are sometimes harder to prove. Generally, a plaintiff must prove that the defendant intended to commit the act that led to the plaintiff’s harm and if intent cannot be proven then the action may fail. Intentional torts, generally consist of: battery; assault; intentional infliction of emotional distress; invasion of privacy; defamation; trespass to both land and property; and fraud. Lastly, intentional torts are usually punished more stringently than negligent actions as well as they are usual grounds for criminal charges.
Were Their Actions Negligent?
Though some torts are intentional, most torts are stemmed out of negligence. Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances, usually consisting of a duty to another that is breached and caused by the defendant that results in damages to the plaintiff. Generally, negligent actions are the result of carelessness or recklessness and therefore are not treated with the same harshness that intentional actions are treated with. Though not punished as harsh, legal representation is even more beneficial for your case in negligent actions.
Need Legal Advice?
Being injured by another can be a difficult time especially when their actions result in medical expenses and loss of wages, amongst other things, for you. Dealing with the consequences of their actions is difficult enough and you should not have to deal with determining whether or not their actions were negligent or whether their actions were intentional. Because of this it is important to seek legal representation. Contact Khayoumi Law Firm, today, for an initial consultation, so that we can strategize about the best possible actions for your case. Contact our office today.