Anderson Injury Lawyers | April 14, 2025 | Texas Law
If you’ve suffered an injury and believe someone else is responsible, you might wonder how to build a strong case for compensation. In Texas, the law typically recognizes two main paths in personal injury lawsuits: intentional torts and negligence. Both provide ways to hold another person or entity liable for your harm, yet they require you to prove different things.
Read on to learn more about intentional torts and negligence. By understanding these legal tools, you’ll have a clearer picture of how to protect your rights and secure the compensation you deserve.
What Are Intentional Torts?
In the world of personal injury, an intentional tort occurs when someone acts purposefully in a way that leads to another person’s harm. The key factor is the defendant’s mindset: they either meant to cause injury or knew, with near certainty, that their actions would be harmful.
Intentional tort claims may be relevant in cases involving:
- Assault: Striking someone or threatening to hurt them physically
- False Imprisonment: Holding a person against their will without legal grounds
- Trespass: Entering someone’s property knowingly, without permission
For these types of lawsuits, proving that the defendant had a deliberate intention is crucial. This might involve showing texts, eyewitness statements, or other evidence that reveals a plan or motive.
Intentional tort cases can be emotionally charged since they often involve aggressive or alarming behavior. Even so, it’s important to maintain a calm and organized approach when you gather evidence or give statements. Laying out the facts in a detailed manner can strengthen your position and help you make a persuasive argument to the court.
What Is Negligence?
Negligence is different because it centers on carelessness instead of a desire to harm. A person acts negligently when they fail to use reasonable care and, as a result, hurt someone else. This applies to a wide range of incidents, from car crashes to slip-and-fall accidents.
In Texas, you generally need to prove four elements to win a negligence claim:
- Duty of care: The defendant owed you a responsibility to act with ordinary caution.
- Breach of duty: They failed to meet that standard of care.
- Causation: Their actions (or lack thereof) directly led to your injuries.
- Damages: You suffered real losses, whether physical, financial, or emotional.
Imagine a distracted driver who’s texting on the highway. They skip a red light and hit your vehicle. In that scenario, they likely violated the duty all drivers have to follow traffic laws and drive responsibly. Because the accident resulted from their lapse in judgment, you can claim they acted negligently. If you can back this up with tangible proof—like police reports or witness testimony—you stand a good chance of recovering damages.
Negligence cases don’t require you to show that the other person wanted to hurt you. Instead, you focus on how a reasonable person would have acted in the same situation. If the defendant’s conduct was well below that standard, negligence is established.
Comparing the Two Legal Theories
The biggest distinction between intentional torts and negligence is the defendant’s frame of mind. Intentional torts demand proof of a deliberate act meant to cause harm (or done with near-certain knowledge harm would result). In contrast, negligence simply involves a lapse in judgment or failure to follow a reasonable standard of care.
This difference can also affect the damages awarded. When you prove someone intentionally hurt you, courts may be more open to punitive damages. Negligence cases typically limit you to compensatory damages, unless the negligence was especially egregious.
Damages You Can Obtain in a Personal Injury Case
Whether your claim is rooted in an intentional tort or negligence, the types of compensation you seek often follow the same pattern. Texas law generally allows for three kinds of damages: economic, non-economic, and punitive (exemplary). Punitive damages are only available in rare cases that go to trial.
Economic Damages
These aim to repay your direct financial losses. Medical bills are a prime example, covering hospital stays, surgery, rehab, and other treatments. You can also claim property damage, lost wages if you miss work, or reduced earning ability if your injury forces you to take a lower-paying job.
Non-Economic Damages
These compensate for intangible harms like pain and suffering, loss of enjoyment of life, and emotional distress. They’re harder to measure because you don’t have a receipt, but the impact on your mental and emotional well-being is still important.
Punitive Damages
As mentioned above, if a defendant’s behavior is especially outrageous or malicious, you might also be eligible for punitive damages. While not every case qualifies, these awards go beyond making you “whole” and focus on punishing the wrongdoer.
How Much Time Do I Have to File a Personal Injury Lawsuit in Texas?
Texas’s statute of limitations sets legal deadlines for filing lawsuits. In most cases based on negligence and intentional torts, you’ll have two years from the date of the accident or incident to file a lawsuit in court. If your lawsuit isn’t filed on time, you will likely lose your right to recover compensation.
However, there are various exceptions that can adjust the time limit. To ensure your claim is filed appropriately and within the correct timeframe, it’s best to contact an attorney as soon as you can.
Contact an Experienced Personal Injury Attorney for a Free Consultation
Legal claims rooted in intentional torts or negligence can be complex. You may need medical records, witness statements, and expert opinions to prove your case. It’s also common to negotiate with insurance companies, which can be daunting if you’re recovering from an injury.
An experienced personal injury attorney can streamline the process, working to recover as much compensation for you as they can. Contact a lawyer for a free consultation today. Many Texas lawyers also work on contingency, meaning they only get paid if they recover money for you.
Visit Our Personal Injury Law Firm in Texas
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our personal injury lawyers at Anderson Injury Lawyers to schedule a free consultation. We proudly serve Tarrant County, Dallas County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
