Some injuries result from intentional acts, where a person deliberately causes harm to another. These cases fall under intentional tort law, which allows victims to seek compensation for their damages. If you or a loved one faced assault, battery, defamation, or another intentional act, you may have the right to file a personal injury claim in Hamilton, Ontario.
What Is an Intentional Tort?
An intentional tort occurs when a person deliberately causes harm to another individual. Intentional torts are different from negligence cases. Negligence involves careless or reckless actions. In contrast, intentional torts need proof that the defendant acted on purpose.
In Hamilton, ON, victims of intentional torts can sue the responsible party. They can seek both pecuniary and non-pecuniary damages.
Intentional tort cases differ from criminal charges. This means that a defendant can be found not guilty in a criminal case, but the victim can still seek civil compensation.
Common Types of Intentional Torts in Hamilton, Ontario
Several types of intentional torts can lead to personal injury claims, including:
Assault and Battery
Assault occurs when someone threatens or attempts to cause harm. Battery occurs when someone physically makes contact with another person in a harmful or offensive way.
Examples include punching, shoving, or using a weapon to harm someone. Even if no physical injury occurs, a victim may still have grounds for a civil claim.
False Imprisonment
False imprisonment happens when someone holds another person against their will. This is done without permission or legal reason.
This may involve:
- Forcibly detaining someone without cause
- Holding someone against their will in a private setting
- Unlawful arrests by private security or individuals acting without authority
These actions can lead to serious legal consequences and may give the victim grounds to file a civil claim for damages.
Defamation (Libel and Slander)
Defamation involves false statements that harm a person’s reputation and includes the following types:
- Libel: Written or published false statements
- Slander: Spoken false statements
Generally, to prove a defamation claim, a plaintiff must show that the statement was false, caused harm to their reputation, and was communicated to another person.
Intentional Infliction of Emotional Distress (IIED)
IIED happens when someone chooses to act in a shocking way to upset another person deeply.
This may include:
- Threats of violence
- Extreme harassment or bullying
- Psychological abuse
Victims of IIED may experience severe anxiety, PTSD, and emotional trauma, which can be compensable in a civil lawsuit.
Trespass to Person or Property
Trespass claims involve unauthorized interference with another person or their property.
This includes:
- Trespass to land: Entering someone’s property without permission
- Trespass to chattels: Unlawfully interfering with another person’s personal belongings
These claims can be pursued even if no physical damage occurs, as long as an unlawful interference has taken place.
Proving an Intentional Tort in Hamilton, ON
Intentional tort cases require proof of intent.
A victim must demonstrate:
- The defendant acted intentionally. The person deliberately engaged in harmful behavior.
- The act caused harm. It led to physical injury, emotional distress, financial loss, or damage to reputation.
- The victim suffered damages. Medical bills, lost income, emotional suffering, or other compensable losses.
Intentional torts show willful misconduct. So, courts can impose punitive damages. This punishes the defendant and helps stop similar actions.
Damages Available in Intentional Tort Cases
In Ontario, victims of intentional torts can get both pecuniary and non-pecuniary damages. This depends on how severe their injuries and losses are.
Pecuniary Damages (Economic Losses)
Pecuniary damages compensate for financial losses resulting from the injury.
This may include:
- Medical expenses: Hospital bills, medication, therapy, and rehabilitation costs
- Lost income: Compensation for time missed from work due to injuries
- Property damage: Reimbursement for damaged personal belongings
- Future expenses: Long-term medical care or financial losses
These damages aim to restore the injured person to their financial position before the accident, helping them manage both immediate and future economic burdens caused by the incident.
Non-Pecuniary Damages (Pain and Suffering)
Non-pecuniary damages cover intangible losses, such as:
- Emotional distress and trauma
- Pain and suffering
- Loss of enjoyment of life
- Psychological harm
Ontario has a cap on non-pecuniary damages set by the Supreme Court. This cap is about $400,000 and changes with inflation.
Punitive Damages
Punitive damages may be awarded in cases involving extreme misconduct or malicious intent. These damages are not meant to compensate the victim but to punish the wrongdoer and deter others from engaging in similar actions.
In cases of assault, fraud, or serious harassment, courts can impose large punitive damages. This shows how serious the defendant’s actions are.
Ontario’s Contributory Negligence Rule in Intentional Tort Cases
Ontario uses a contributory negligence system. This means if the victim is partly at fault for the incident, their compensation could be lowered. However, in cases of intentional harm, courts generally hold the defendant fully liable.
If a victim started a fight, the court might see them as partly at fault. This can lower their compensation.
Statute of Limitations for Intentional Tort Cases in Ontario
Under Ontario’s Limitations Act, victims of intentional torts typically have two years from the date of the incident to file a lawsuit.
However, exceptions may apply if:
- The victim was a minor at the time of the incident.
- The injury was not immediately discovered (e.g., psychological trauma from abuse).
Failing to file within the deadline can result in losing the right to seek compensation.
Why You Need a Personal Injury Lawyer for Intentional Tort Cases
Intentional tort claims are complex. They need strong evidence and witness testimony. Legal expertise is also important to prove intent and get fair compensation. Insurance companies usually deny coverage for intentional acts. This means victims might have to seek compensation directly from the defendant.
An experienced personal injury lawyer can:
- Gather evidence to prove intent and damages.
- Negotiate settlements or take the case to trial if necessary.
- Ensure all deadlines are met for filing the claim.
A Hamilton personal injury lawyer will fight for the rights of victims harmed by intentional misconduct, ensuring they receive the compensation they deserve.
Contact Our Hamilton Personal Injury Lawyers for a Free Consultation
If you have suffered harm due to assault, defamation, false imprisonment, or another intentional act, you may be entitled to compensation. Our team at Findlay Personal Injury Lawyers has over 92 years of combined experience helping injury victims in Ontario. Contact us today at 905-522-9799 to schedule a free consultation.