In a car accident, if the other driver was at fault for causing your bodily injury they are liable to pay for all expenses related to the accident. In this article, we will discuss how you can sue someone who intentionally caused your bodily injuries. Read on for more information!
1. What Is An Intentional Injury?
Intentional injuries are injuries that were caused on purpose and not by accident. While it is usually legal to drive a car, you cannot drive recklessly or under the influence of drugs or alcohol. You also cannot be impaired by your cell phone or other distracting materials while driving. Intentional acts such as drunk driving and distracted driving are considered to be illegal and can result in criminal charges, such as a DUI.
2. Proving Intent
This is a key thing in winning a case where your injuries were intentionally caused. Proving that someone intentionally causes you bodily injury usually comes down to proving that the person had the intent to cause you harm, as opposed to just being reckless. In order to prove that a driver intentionally caused your injuries, you must have evidence of them driving in a dangerous manner, such as swerving into oncoming traffic or speeding excessively. These are usually deemed as acts of negligence and can help support your claim. You should gather evidence such as witness statements, police reports, photos, etc. that prove that the other person was at fault. Having witnesses who will testify against the person who caused your injury can be a crucial part of your case.
3. Who Can You Sue?
An individual can be sued, including their employer if they were acting as a company representative at the time of the injury and committed an intentional act that breached their duties and responsibilities as a representative to cause an accident. If this is the case, you may also sue the business entity that they work for, depending on the circumstance.
4. Work With Your Lawyer
It is really important that you do not try to do this by yourself. While this might seem like a simple case, there are many things that you might not be aware of. Your attorney is the best source for advice and will help ensure that you receive what you deserve and need to recover from your injuries. Look for someone who has experience dealing with these types of claims. Read reviews, client testimonials, etc. to find out if they are the right person for your case. When you find a lawyer that suits your needs, make sure to listen to their advice because they know what they are talking about and will give you the best chance at winning your case.
5. How Much Can You Sue For?
The amount that someone can be sued for varies, depending on the extent of your injuries, medical costs you have incurred, lost wages from being unable to work or attend school while getting treatment, and/or pain and suffering. How much compensation you receive depends on what you are seeking to be reimbursed for.
Some common forms that include intentional torts include assaults, battery, defamation, infliction of emotional distress, invasion of privacy, and false imprisonment.
It is best to work with your lawyer to determine what you can sue for and get a good estimate of how much it will cost before the case goes to trial. It is important that you don’t accept the offer from the defendant because this could be considered an “offer to compromise” later in court.
6. Prepare For The Trial
You will need to be prepared for the trial. This means that you should really think about what is going to happen and how it might affect your case. For example, if you “don’t remember” something because you didn’t expect a certain question to come up, this could hurt your case in court. You should consider all possible questions or scenarios that may come up and be ready with an explanation or answer for them.
If you win your case, then the defendant is required to pay all costs that resulted from the accident. This includes medical expenses as well as any other financial issues, and more involved things like property damage.
There are a lot of things to consider when suing someone who has intentionally caused your injuries. However, if you have been involved in an accident then there is a strong chance that the other party was at fault and should be held accountable. While it can be scary to take legal action against another person who hurt you, having a good lawyer at your side can help give you peace of mind and hopefully get you the compensation that you deserve.
