What Is an Intentional Tort Claim in Missouri Personal Injury Law?
Quick answer: An intentional tort claim in Missouri personal injury law is a civil lawsuit filed when someone deliberately acts to cause harm to another person or their property. Unlike negligence claims, which involve carelessness, an intentional tort centers on the wrongdoer’s purposeful mindset. Common examples include assault, battery, and false imprisonment.
Most personal injury cases involve accidents, where someone failed to use reasonable care. But some injuries are not accidental at all. When a person deliberately sets out to hurt you or damage your property, the law treats that situation differently, and so should you.
This is where an intentional tort claim comes in. These claims give victims a way to seek financial compensation directly from the person who harmed them. Labovitz Law Firm explains what an intentional tort claim is, how it differs from a negligence claim, and the common types you may encounter under Missouri personal injury law.
What Is an Intentional Tort Claim?
An intentional tort is a civil lawsuit filed when someone deliberately acts to cause harm or injury to another person or their property. The key element is intent. The person did not simply make a mistake or act carelessly; they meant to commit the act that caused harm.
This sets intentional torts apart from negligence claims. A negligence claim deals with a failure to use reasonable care, such as a distracted driver who causes a crash. An intentional tort, by contrast, focuses on purposeful and deliberate conduct. Proving that the defendant meant to act is what separates an intentional tort from other civil claims.
5 Common Types of Intentional Torts
Missouri law recognizes several categories of intentional torts. Here are the ones you are most likely to see in a personal injury case.
1. Assault
Assault is an intentional act that creates a reasonable fear of imminent harmful or offensive physical contact. Notably, assault can occur even if no actual touching takes place. The threat alone can be enough.
2. Battery
Battery involves actual harmful or offensive physical contact with another person, done without their consent. A punch, slap, or shove all qualify as battery.
3. False Imprisonment
False imprisonment means unlawfully restraining or confining a person against their will, without legal authority or justification.
4. Intentional Infliction of Emotional Distress (IIED)
IIED involves extreme and outrageous conduct that intentionally or recklessly causes severe emotional trauma or suffering to the victim.
5. Trespass and Conversion
Trespass is intentionally interfering with someone’s real property without permission. Conversion is wrongfully taking and controlling someone else’s personal property. Both protect your right to control what belongs to you.
Key Legal Differences From Negligence
Understanding how intentional torts differ from negligence can shape how your case moves forward. Four differences stand out.
- Proof of Intent: The plaintiff must prove the defendant meant to commit the act that caused harm, not just that the defendant was careless.
- Criminal vs. Civil: An intentional tort can happen alongside criminal charges, such as domestic assault or battery. However, the civil claim lets the victim sue directly for financial compensation, separate from any criminal case.
- Insurance Coverage: Standard insurance policies, such as auto or homeowner coverage, usually exclude intentional, deliberate acts. This means recovery often depends on the defendant’s personal assets.
- Statute of Limitations: In Missouri, the time limit to file a lawsuit varies by the specific type of intentional tort. These deadlines can range from two to five years.
Talk to Labovitz Law Firm About Your Claim
If someone deliberately caused injury to your body or your property in Missouri, you may have grounds for an intentional tort claim. Because these cases hinge on proving intent and often depend on a defendant’s personal assets, having the right legal guidance matters.
Labovitz Law Firm is ready to review your situation and help you understand your options under Missouri personal injury law. Contact Labovitz Law Firm today to discuss your case.
Frequently Asked Questions
What Is the Difference Between an Intentional Tort and Negligence?
An intentional tort requires proof that the defendant deliberately acted to cause harm. A negligence claim only requires proof that the defendant failed to use reasonable care. Intent is the deciding factor.
Can I File a Civil Claim if the Person Also Faces Criminal Charges?
Yes. An intentional tort can occur alongside criminal charges, such as assault or battery. The criminal case and the civil claim are separate. A civil intentional tort claim allows you to seek financial compensation directly, regardless of the criminal outcome.
Does Insurance Cover Intentional Torts in Missouri?
Usually not. Standard auto and homeowner insurance policies typically exclude coverage for intentional, deliberate acts. As a result, recovering compensation often depends on the defendant’s personal assets.
How Long Do I Have to File an Intentional Tort Claim in Missouri?
The statute of limitations in Missouri varies by the specific type of intentional tort. Deadlines generally range from two to five years. Because timing matters, it is wise to speak with an attorney as soon as possible.
What Types of Injuries Qualify for an Intentional Tort Claim?
Intentional tort claims can cover physical injuries from assault or battery, emotional trauma from intentional infliction of emotional distress, and harm to your property through trespass or conversion.
