Intentional Torts

Intentional Torts Sydney

An intentional tort is a civil wrong resulting from an intentional act on the part of another.

Such acts include trespass, assault and battery, invasion of privacy, use of excessive force by the Police, false imprisonment and defamation.

What compensation can I claim?

Damages available for those affected by Intentional torts are broad and not affected by the legislative restrictions which apply to injuries occurring as a result of negligence.

Damages are available for:

  • Loss of income.
  • All medical expenses, both past, continuing and future.
  • Compensation for pain and suffering or damage to your reputation.
  • The value of any care and assistance you have received from family and friends free of charge in addition to care, nursing and household assistance from paid professionals.
  • Loss of superannuation entitlements.
  • Loss of financial support from someone on whom you or your family was dependant who died as a result of medical negligence

Exemplary and Aggravated Damages are also available.

When can I claim?

Defamation proceedings must generally be commenced within one year.

Proceedings for other intentional torts must be commenced within 6 years.

What do I have to do to commence a claim?

Contact us to make an appointment or discuss your matter over the telephone. There will be no charge for this initial consultation.

Who pays the claim?

Damages awarded for an intentional tort are generally paid by the person or organisation responsible and not by an insurer.

What costs do I have to pay?

We will meet the costs associated with the running of your claim such as fees associated with obtaining expert opinions.

The insurer has to pay some but not all of your legal costs in addition to paying you compensation for your other financial losses.