Intentional Injury Lawsuit Know How To Seek Your Claim
Intentional Injury Lawsuit Know How To Seek Your Claim
On July 11, 2013, a 49-year-old luxury car business owner initiated an intentional injury lawsuit against former NBA and Chicago Bulls star Scottie Pippen seeking $4 million compensation for “brutal and unjustified physical attack.” According to the intentional injury compensation claim filed in Los Angeles County Superior Court, the plaintiff suffered from breathing difficulties, headaches, and other ongoing medical issues following assault by the former NBA MVP at a Malibu restaurant. A week earlier, an Arkansas couple sued a man for $20.5 million, alleging that they suffered from traumatic brain injury, loss of cognitive skills and memory, and speech difficulties after having been assaulted by the defendant at a Downtown Conway restaurant.
More than 10,000 intentional injury lawsuits are filed by U.S. residents, citing abuse, assault, defamation, violence, and other injuries. While criminal proceedings are initiated to punish the perpetrators, the tort law allows victims or their families to file personal injury lawsuits seeking financial compensation for injuries, damages, expenditures, and punitive sanction.
Intentional Injury Lawsuit The Meaning, Examples
Intentional injury is defined as physical and emotional harm caused by willful act. According to a survey, almost 20 percent of all non-fatal injuries reported in the United States are intentional injuries that can be controlled or prevented. Underlined by intent to cause harm, intentional injury includes all types of damages committed with a purpose to hurt. The most common examples include
- Assault and battery
- Domestic violence
- Discrimination, maltreatment
- Sexual abuse, rape
- Threatening to create fear
- Slander, libel, defamation
- Causing emotional distress
- Burglary, fraud, misrepresentation
- Malicious prosecution
- False imprisonment
- Intentional Injury Lawsuit Status Under Tort Law
Intentional injury is considered a crime. The person responsible for causing intentional harm is liable to be arrested, prosecuted, and punished with imprisonment under the criminal law if held guilty by the court. However, the cumbersome criminal justice proceedings, litigation dismissals on technical grounds, and light sentences often tarnish the criminal liability. Even if the guilty is punished, victims require adequate support to overcome physical, emotional or financial damages and put life back on track. The tort law allows such people to initiate civil proceedings by filing intentional injury lawsuits to seek financial and punitive compensations they deserve.
Filing a civil intentional injury lawsuit seeking compensation while one is punished by way of a criminal proceeding does not amount to double jeopardy that prohibits punishing one twice for the same offense. Both litigations are different and complement each other. The most famous example is that of trial of actor and former football great O. J. Simpson on murder charges. In 1994, Simpson was charged with the double murder of Nicole Brown, his former wife, and Brown’s waiter friend Ronald Goldman. Simpson was acquitted by the jury in 1995 following a highly publicized and divisive trial. However, the family of Goldman initiated intentional injury lawsuit claiming that the actor was responsible for the wrongful death of their son. In February 1997, a California court held Simpson liable for murder and asked him to pay $33.5 million compensation to the aggrieved family.
There are many instances where intentional injuries do not lead to criminal prosecution. For example, an Illinois woman was wrongly held for shoplifting and arrested. There was no criminal prosecution for false accusations or detention. However, she was awarded a few thousand dollars as compensation following filing of an intentional injury lawsuit in a civil court.
Intentional Injury Lawsuit Seeking the Compensation
- Intentional injury is considered a type of personal injury and subject to statute of limitations of each state, which vary between one and six years. Certain states, such as California and Arkansas, provide for different time limits for filing intentional injury lawsuits over libel, slander, and wrongful death.
- Each state has fixed a compensation level for intentional injury lawsuits to be decided by courts. In Arizona, Kentucky, and Rhodes Island, all claims less than $2,500 must be filed in small courts while the limit is $15,000 in Delaware and $25,000 in Tennessee.
- Compensation sought through intentional injury lawsuits can be both compensatory and punitive. It covers all physical, psychological, and financial losses you have incurred because of the defendant's conduct. It may include loss of wage and hospital expenditure. Certain conditions, such as sexual abuse, malicious prosecution, wrong imprisonment, slander, libel, and defamation, lead to big punitive damages or compensation payout.
Intentional Injury Lawsuit Compensation
On July 11, 2013, a Kentucky jury awarded $338,000 in damages to a former Cincinnati Bengals cheerleader, who filed a defamation lawsuit against improper news published on TheDirty.com about her in 2009. The gossip website called her promiscuous and claimed that she had sex with all players. It even published that the 28-year-old cheerleader had two sexually transmitted diseases. In another internet defamation litigation case, a South Carolina court awarded $20 million to Charleston-based Revolutions Medical Corporation against Phillip Maurice.
In June, an Ohio jury awarded $3.6 million to a woman who sued Grace Brethren Church of Delaware County after she was assaulted by one of its priests in 2008. In July 2013, the West Virginia Supreme Court upheld a circuit court judgment granting more than $25,000 to a Summer County couple in a slander lawsuit. The Chicago City Council agreed to pay $10 million to a 47-year-old man who had to serve 25 year in jail following false implication by a convicted former city police official.