Intentional injury cases (also commonly referred to as "intentional tort" cases) arise in a variety of situations. These situations may involve false imprisonment, assualt, battery, rape, intentional homicide, harassment, cyberbullying, reckless exposure to Human Immunodeficiency Virus (HIV), intentional infliction of emotional distress, fraud, and trespassing. We can also represent survivors of a suicide victim, when the suicide was caused in part by another person.
When we represent the victim of an intentional injury case, we not only seek to recover compensatory damages and damages for pain and suffering, but also punitive damages. Many courts allow the recovery of punitive damages due to the severity of the conduct.
Two issues that arise in intentional injury cases relate to (a) insurance, and (b) criminal prosecutions.
As a general rule, insurance policies do not compensate victims of intentional torts. For this reason we typically seek to attach (via a writ of attachment) any and all non-exempt assets of the wrongdoer. This prevents the wrongdoer from transferring and hiding assets during the pendency of the case. If we recover a verdict, we simply execute on the assets and sell the assets to compensate the victims (our clients).
In many instances, the wrongdoer's behavior exposes the wrongdoer to civil and criminal liability. A prosecuting attorney or the U.S. Attorney may simultaneously prosecute the individual while we pursue a monetary recovery. When this occurs, we work with the prosecutor to share information and resources.
If you have a question relating to a possible or pending intentional tort case, please don't hesitate to send a direct message or call our office at (314) 725-4400. For more information on some of our recent cases, please visit our news page. We also have an FAQ relating to personal injury, class action, and other issues.