What acts are characterized as intentional wrongdoing?
One classification of personal injury lawsuits is called “willful wrongdoing.”
Negligence cases refer to non-compliance with civil laws, such as the unintended consequences of traffic violations. On the other hand, willful misconduct is a generic term for cases that involve a deliberate step beyond negligence.
Common types of willful wrongdoing that result in lawsuits are acts of: (1) assault, (2) battery, (3) false imprisonment, and (4) intentional infliction of emotional distress.
Assault and battery are often confused due to the similarities in their definition. Both involve harmful or offensive contact, but assault involves actual contact without consent. For example, threatening to harm another person with a weapon is, by definition, assault. The threat goes one step further and becomes a battery when a weapon comes into contact with the victim; In this case, a lawsuit for assault and battery can be filed. It is important to note that non-contact use of the weapon, such as unsuccessful throwing, is not a battery.
False incarceration is less common than assault and battery. Due to the rights of individuals who have reasonable suspicions of foul play, not all arrests are defined as false imprisonment. Arrest by the police with probable cause, or the arrest of an alleged thief by a store clerk, does not constitute false imprisonment. On the other hand, hostage situations and the detention of delinquent tenants by a landlord are false incarceration situations.
Intent to inflict emotional distress, the last in this category, refers to the psychological damage caused by an assault. Although assaults are classified as imminent threats, emotional or mental distress does not have to be linked to a real threat.
Take, for example, a defendant who intentionally lies to the plaintiff. Overwhelming emotional distress can result from the belief that a child or family member has died in an accident. While the defendant’s motives for the lie may vary, the result is the same for the plaintiff: emotional distress, which can often lead to frantic or damaging reactions on the part of the plaintiff. In this case, the threat was not imminent and the child was not in immediate harm from the lie, but the psychological harm occurred nonetheless.
Intentional wrongdoing cases must establish the following four criteria: (1) the defendant acted intentionally or recklessly; (2) the defendant’s conduct was extreme and outrageous; and (3) the conduct was the cause (4) of severe emotional or mental distress.
If you or a loved one has been the victim of an intentional crime, it may be wise to seek advice from a personal injury attorney. An act of aggression can happen again and the next time it can go to the extreme case of aggression. Peace of mind and safety from harm are the best for you, both physically and emotionally.