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Typically, when the victim of an accident enters a personal injury claim, he or she intends to charge the responsible part of negligence. Normally, someone that acts out of negligence has not given much thought to what he or she plans to do. In fact, the lack of thought often increases the chances for performance of a careless and neglectful action.
An entirely different situation exists when someone gets injured due to performance of an intentional tort. At that time, the responsible person exhibited elements of purpose, in the way that he or she planned or carried out the injury-causing accident.
What are some examples of intentional tort?
Wrongful death: In this example, the victim does not live to serve as a witness. Police and detectives must study the scene of the killing, in order to uncover any useful bit of evidence. The amount of evidence presented by the lawyer for the plaintiff does not have to equal the amount demanded during a criminal case. In other words, the defendant’s lawyer gets to produce a lower burden of proof.
False imprisonment: This term is used when someone tries to force someone to become a virtual slave. The imprisoned victim has lost the freedom to decide when he or she can go to any chosen location. The victim must depend on the captor for obtaining food and permission to carry out the most basic of body functions.
Performance of a threatening or violent act: Anyone that has been convicted of assault and battery has added to the number of these examples. In order to commit assault, you do not have to harm someone; just threaten to harm them with your actions. If you follow through on that threat, then you have committed battery.
What is the most common defense that a lawyer might make, if someone has been charged with intentional tort?
The Personal Injury Lawyer in Ottawa would probably claim that the defendant suffered from some level of insanity. It could be permanent insanity, or it could be temporary insanity.
In this case, the lawyer does not question the fact that the defendant had a purpose in mind, when committing the violent act. Instead, the lawyer’s argument focuses on the degree to which that purpose seems reasonable. If it does not seem reasonable, the court can be asked to declare the defendant temporarily insane.
What punishment is given to someone that commits that type of intentional tort?
Such a person can be declared mentally ill. For that reason, he or she gets placed in a mental institution, rather than a prison. Psychologists watch that same patient, in order to know when he or she has recovered from the metal illness that triggered the intentionally violent act.