Intentional Torts
Wrongful death claims are usually centered around the legal concept of negligence, which is the failure to meet a certain duty owed to another person. In a negligence case, the defendant’s reasons for behaving negligently are usually not of much consequence. However, some wrongful deaths are caused by a deliberate attempt to harm or kill another person. This kind of claim is called intentional tort.
Winning an intentional tort claim is not always easy. You need to demonstrate that the defendant chose to behave in a way that harmed your loved one, or put him or her in danger. Fortunately, a qualified Pennsylvania intentional tort attorney can help you assemble the evidence you need.
Examples of Intentional Tort
There are many different kinds of actions that can fall under the heading “intentional tort.” Many are deliberate attempts to harm another person, but some are intentional actions that pose an unreasonable threat to other people. Some examples include:
- Assault and battery
- Extreme indifference to human life (highly dangerous actions that show disregard for others)
- Assisted suicide
- Murder
- Abuse and domestic violence
Losing a loved one to shocking actions like these is a very painful experience. Victims’ surviving family members should not have to take on the many financial burdens that these crimes can cause them.
Criminal and Civil Action
Of course, all of the actions listed above are punishable under criminal law. It can be satisfying to see the person whose callous behavior caused the death of a loved one being sentenced to a long prison term or other penalties. Unfortunately, the criminal justice system cannot always help grieving families.
One problem is that criminal courts have a much higher standard of proof (beyond a reasonable doubt) than civil courts (preponderance of the evidence). This means that many people who committed fatal crimes are not convicted of them. Additionally, the fact that the guilty person is in jail does not help surviving family members cover funeral costs, lost income and benefits, and other losses.
Fortunately, civil claims can address both of these problems. A person who has been found not guilty in a criminal trial can still be named in a Pennsylvania intentional tort claim.
Contact Us
Civil action can help grieving family members win the compensation they need to avoid financial devastation. To learn more, contact the Pennsylvania wrongful death lawyers of Lowenthal & Abrams, P.C. at 610-667-7511.