Understanding Intentional Torts

Learning that a loved one has died unexpectedly as the direct result of another person or company's negligence is an almost unbearable event. Yet every year countless families must contend with this disturbing news and attempt to pick up the pieces that are left behind in the aftermath of such a tragedy. While it is difficult to be told that your loved one has died as a consequence of an accident facilitated by negligence, this pales in comparison to the abhorrent circumstance of finding that the responsible party acted with either the intent to kill or a complete indifference to your loved one's survival. Such occurrences are deemed "intentional torts" and may be grounds for a wrongful death lawsuit.

Typically, wrongful death lawsuits that are brought in cases of accident where there is no suspected malice involved. Car accidents, pharmaceutical errors, surgical mistakes, and other similar incidences are commonly the cause for such a civil action. These cases are not usually accompanied by a parallel criminal case because the legal system does not hold that incarceration is an appropriate potential punishment for legitimate accidents. This stands in contrast to intentional tort cases where both civil and criminal cases are apt to be levied.

Examples of Intentional Torts

There is no question that the line that divides these two different kind of wrongful death cases can become a bit blurry. Consulting with a skilled and experienced attorney who can advise you about the appropriateness of a civil lawsuit if your loved one has been senselessly killed due to another person's criminal actions is very important. One notable advantage is that you have a greater likelihood of seeing formal justice done because the standard of proof in a civil case is much lower than that in a criminal case. Whereas a criminal conviction requires the demonstration of "guilt beyond a reasonable doubt", a favorable civil verdict only demands a demonstration that "a preponderance of the evidence" suggest that the claims being made are correct.

Examples of crimes that qualify as an intentional tort when they result in the death of the targeted person or another individual are:

Assault
Battery
Extreme indifference to human life
Assisted suicide
Murder
Domestic violence

For Legal Counsel

We understand that you likely have many questions and may be unsure about whether a wrongful death lawsuit is appropriate in your case. Contact the Pennsylvania wrongful death lawyers of Lowenthal & Abrams, P.C. for assistance.