Lubbock, Midland, Odessa, Wichita Falls
Intentional Tort Attorneys
When someone deliberately causes you harm, the physical and emotional consequences can be devastating. Unlike accidents caused by carelessness, intentional torts involve purposeful, malicious conduct designed to hurt you. These cases often involve violence, threats, or extreme behavior that leaves victims traumatized and uncertain about their legal options.
At Malone Legal Group, attorneys Matt and Valeri Malone understand the unique challenges intentional tort victims face. With nearly 50 years of combined experience, we fight aggressively to hold wrongdoers accountable and secure the compensation our clients deserve. As a husband-wife legal team, we personally handle every case with the compassion and dedication that West Texas families need during difficult times.
Don't hesitate to contact Malone Legal Group when confronted with severe injuries and uncertainty. We will meticulously investigate your case, identifying all parties responsible for your injuries. Our Texas car accident lawyers can delve beyond the other driver's actions, assessing the performance of components such as tires, seatbelts, airbags, and occupant protection systems. If your injuries were exacerbated or caused by a vehicle defect, we can take action against the vehicle manufacturer, securing the compensation needed for your recovery.
Common Types of Intentional Torts in Texas
Assault
Assault is an intentional act that causes another person to reasonably fear imminent harmful or offensive contact. Physical touching is not required—the threat alone constitutes assault if it creates genuine fear of immediate harm. Pointing a weapon at someone, raising a fist threateningly, or verbally threatening violence while demonstrating the ability to carry it out all qualify as assault under Texas law.
According to Texas Law Help, to win a civil assault lawsuit, you must prove: (1) the defendant intended to scare or threaten you, (2) you reasonably feared imminent harm, and (3) the defendant's actions caused your injury.
Battery
Battery is the intentional harmful or offensive touching of another person without their consent. Unlike assault, battery requires actual physical contact—though the contact need not cause visible injury to be actionable. Any unwanted touching that would offend a reasonable person qualifies, including punching, pushing, grabbing, spitting, or touching in a sexual manner without consent.
Texas criminal law combines assault and battery under the term "assault," but civil claims recognize them as separate torts. You can sue for battery even if no criminal charges are filed.
False Imprisonment
False imprisonment occurs when someone intentionally restricts your freedom of movement without lawful authority or your consent. The confinement can be physical (locking you in a room) or through threats of force (telling you not to move or they'll hurt you). You must be aware of the confinement at the time it occurs, and you must have suffered some form of harm—physical, emotional, or economic.
False imprisonment claims frequently arise in domestic violence situations, unlawful detentions by security personnel, and workplace disputes. Even brief confinement can support a civil claim.
Intentional Infliction of Emotional Distress (IIED)
Intentional infliction of emotional distress occurs when someone's extreme and outrageous conduct intentionally or recklessly causes you severe emotional harm. The behavior must exceed all bounds of decency tolerated by civilized society—mere insults, annoyances, or rude behavior don't qualify. Texas courts require proof of conduct so shocking that a reasonable person would exclaim, "Outrageous!"
According to FindLaw, IIED is sometimes called the "tort of outrage" because the defendant's actions must be truly egregious. Common examples include harassment campaigns, threats against family members, sexual abuse, and deliberate exploitation of known vulnerabilities.
The Difference Between Criminal Charges and Civil Lawsuits
Criminal charges and civil lawsuits serve different purposes and can proceed simultaneously. Criminal cases are prosecuted by the government to punish wrongdoers and protect society. Civil lawsuits are filed by victims to recover monetary compensation for their injuries. A defendant can be acquitted criminally but still found liable civilly—as occurred in the famous O.J. Simpson case.
Key differences include:
- Burden of Proof: Criminal cases require "beyond a reasonable doubt" while civil cases require only "preponderance of the evidence" (more likely than not)
- Outcome: Criminal cases result in jail time, probation, or fines paid to the government; civil cases result in monetary damages paid to the victim
- Who Files: Prosecutors file criminal charges; victims file civil lawsuits
- Double Jeopardy: A criminal acquittal doesn't prevent a civil lawsuit based on the same conduct
Compensation Available in Texas Intentional Tort Cases
Texas intentional tort victims can recover economic damages (medical expenses, lost wages, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and punitive damages when the wrongdoer's conduct was especially egregious. Because intentional torts involve deliberate harm, punitive damages are more commonly awarded than in negligence cases.
Economic Damages
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Property damage and replacement costs
- Rehabilitation and therapy costs
- Out-of-pocket expenses related to your injury
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement and scarring
- Damage to reputation
- Loss of consortium
Punitive Damages
Punitive damages punish the wrongdoer and deter similar conduct in the future. Texas Civil Practice and Remedies Code Section 41.003 allows punitive damages when the plaintiff proves by clear and convincing evidence that harm resulted from fraud, malice, or gross negligence. Intentional torts often meet this standard because the wrongdoer acted deliberately to cause harm.
Texas Statute of Limitations for Intentional Torts
Texas imposes a two-year statute of limitations for intentional tort claims including assault, battery, false imprisonment, and intentional infliction of emotional distress. The clock typically begins running on the date of the incident. Missing this deadline usually eliminates your right to sue, making prompt legal consultation essential to protect your rights.
According to Texas Civil Practice and Remedies Code Section 16.003, victims must file their lawsuit within two years from the date the cause of action accrues. Certain exceptions may extend this deadline, including situations involving minors, mental incapacity, or when the defendant leaves Texas.
Injured in an Intentional Tort in West Texas? We can help
Injured by assault, battery, or other deliberate harm? Malone Legal Group fights for maximum compensation for victims of intentional torts throughout Lubbock, Midland, Odessa, Wichita Falls, and West Texas. Under Texas law, you can hold wrongdoers civilly liable for deliberately causing you harm—even if criminal charges aren't filed. Call (806) 642-6001 for a free consultation.
Intentional torts can cause devastating injuries that profoundly impact individuals physically, emotionally, and financially. Whether you were harmed by an assault, battery, false imprisonment, or intentional infliction of emotional distress, knowing how to navigate the aftermath is crucial. This comprehensive guide explores the various aspects of dealing with an intentional tort claim, from immediate steps to long-term considerations.
What Are the Most Common Types of Intentional Torts in Texas?
Intentional tort claims arise when someone deliberately causes harm to another person. Understanding the common types of intentional torts is essential for protecting yourself and pursuing rightful compensation.
Assault: An intentional act that causes another person to reasonably fear imminent harmful or offensive contact. Physical touching isn't required—the threat alone is sufficient if it creates genuine fear of immediate harm. Examples include raising a fist threateningly, pointing a weapon, or verbally threatening violence while demonstrating the ability to carry it out.
Battery: The intentional harmful or offensive touching of another person without their consent. Unlike assault, battery requires actual physical contact. Any unwanted touching that would offend a reasonable person qualifies, including punching, pushing, grabbing, or unwanted sexual contact.
False Imprisonment: Intentionally restricting someone's freedom of movement without lawful authority or consent. This can occur through physical barriers (locking someone in a room) or threats of force (telling someone not to move or they'll be hurt). The victim must be aware of the confinement at the time.
Intentional Infliction of Emotional Distress (IIED): Extreme and outrageous conduct that intentionally or recklessly causes severe emotional harm. The behavior must exceed all bounds of decency tolerated by civilized society—mere insults or annoyances don't qualify.
Fraud and Misrepresentation: Deliberately deceiving someone to obtain property, money, or other benefits, causing the victim financial or personal harm.
Defamation: Making false statements about someone that damage their reputation, including libel (written) and slander (spoken).
What Should I Do After Being Victimized by an Intentional Tort?
Being victimized by an intentional tort can be a frightening and disorienting experience. However, staying calm and taking certain steps is crucial to ensure your safety and protect your legal rights. Here are some tips on what to do after being deliberately harmed:
- Seek Medical Attention Immediately: Your health is the priority. Get medical care even for seemingly minor injuries, as some conditions may not be immediately apparent. Medical records also document your injuries for your civil case.
- Report to Law Enforcement: File a police report to create an official record of the incident. This documentation can be valuable evidence in your civil lawsuit, regardless of whether criminal charges are filed.
- Document Everything with Photos: Photograph your injuries from multiple angles as they heal, any damaged property, the location where the incident occurred, and any other relevant evidence.
- Preserve All Evidence: Keep torn or bloody clothing, save threatening text messages or emails, and preserve any objects involved in the incident exactly as they were.
- Identify Witnesses: Collect contact information from anyone who witnessed the incident or can testify about the wrongdoer's behavior or your injuries.
- Keep Records of All Expenses: Document medical bills, lost wages, therapy costs, and any other expenses related to the incident.
- Do Not Give Recorded Statements: Avoid providing statements to the wrongdoer's insurance company or attorney without legal representation.
- Avoid Social Media: Don't post about the incident online—defendants' attorneys monitor social media for damaging statements.
- Consult with an Intentional Tort Attorney: Contact an experienced attorney who can evaluate your case and protect your rights.
- Follow Medical Advice and Keep Your Attorney Updated: Attend all appointments and inform your legal team of any developments in your condition.
What Are Common Intentional Tort Injuries?
Intentional torts can result in a variety of injuries, ranging from minor bruises to severe, life-altering conditions. Understanding the common types of injuries that can occur from deliberate harm is essential for recognizing symptoms and seeking appropriate medical care. Here are some common types of intentional tort injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and fractures
- Permanent disabilities
- Scarring and disfigurement
- Soft tissue injuries
- Major lacerations
- Internal organ damage
- Stab wounds and gunshot wounds
- Strangulation injuries
- Sexual assault injuries
- Fatal injuries
- Wrongful death
We also help clients fight for compensation for nonphysical injuries. Texas law allows plaintiffs to demand compensation for their emotional, mental, and psychological suffering as well as their physical pain and economic losses. Our firm may be able to help you seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after being deliberately harmed by another person.
What Are the Types of Intentional Tort Compensation?
Victims may be entitled to various types of compensation to cover their losses and damages after being harmed by an intentional tort. The specific types of compensation available depend on the circumstances of the incident, the extent of the injuries, and the applicable laws in Texas. Here are some common types of intentional tort compensation:
Medical Expenses: This includes compensation for all medical costs associated with the injury, such as hospital bills, surgery expenses, doctor's visits, medication costs, rehabilitation, therapy, psychiatric treatment, and any future medical treatment required.
Lost Wages: If the injury results in the victim being unable to work, they may be entitled to compensation for lost wages. This can include wages lost during the recovery period and any future earning capacity affected by the injuries.
Property Damage: Victims can seek compensation for damage to their belongings, vehicle, or other personal property caused by the wrongdoer's actions. This typically covers the cost of repairs or replacement of the damaged property.
Pain and Suffering: Compensation may be awarded for the physical pain, emotional distress, and mental anguish experienced as a result of the intentional tort and the resulting injuries. This type of compensation is often more subjective and may vary depending on the severity of the injuries and their impact on the victim's life.
Wrongful Death Damages: In cases where the intentional tort results in a fatality, the surviving family members may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship and support.
Punitive Damages: Because intentional torts involve deliberate harmful conduct, punitive damages are more commonly awarded than in negligence cases. These damages punish the wrongdoer and deter similar behavior in the future. Texas law allows punitive damages when harm results from fraud, malice, or gross negligence.
How Is Liability Determined in an Intentional Tort Case?
Unlike negligence cases where you must prove the defendant failed to use reasonable care, intentional tort cases require proving the wrongdoer acted purposefully to cause harm. You must demonstrate that the defendant intentionally committed an act that resulted in your injury—the focus is on the deliberate nature of their conduct rather than carelessness.
Liability is often established through evidence such as police reports, witness testimony, medical records documenting your injuries, photographs and video footage, threatening communications, the defendant's prior history of violence, and expert testimony from medical or psychological professionals.
The defendant's intent is not to cause the specific injury that occurred—only the intent to commit the act itself. For example, if someone throws a punch intending to scare you but actually breaks your nose, they're still liable for battery because they intended the harmful act.
Criminal convictions or guilty pleas can be powerful evidence in your civil case, though a criminal acquittal doesn't prevent you from pursuing civil claims. The burden of proof in civil cases (preponderance of evidence) is lower than in criminal cases (beyond reasonable doubt).
Comparative negligence may reduce your recovery if you contributed to the incident—for example, if you initiated or escalated a confrontation. However, if you are found to be more than 50% responsible, you may not be able to recover any damages under Texas law.
What Is the Value of My Intentional Tort Claim?
The value of your intentional tort claim is contingent on various factors, including the severity of your injuries, the nature of the wrongdoer's conduct, the extent of your economic losses, and whether the defendant's actions warrant punitive damages. Because intentional torts involve deliberate harm, punitive damages are more commonly awarded. An experienced intentional tort attorney is equipped to assess your unique circumstances and offer a more accurate estimation of the potential value.
How Can I Build a Strong Intentional Tort Claim?
Building a solid claim in an intentional tort case ensures you receive fair compensation for your injuries, damages, and losses. Here are steps you can take to strengthen your claim:
Report to Law Enforcement: Filing a police report creates an official record of the incident. Even if prosecutors don't file criminal charges, the police report documents critical details and can be valuable evidence in your civil case.
Seek Medical Attention: Your health and safety should be the top priority after being victimized. Even if you don't believe you were seriously injured, undergo a thorough medical evaluation. Prompt medical attention ensures you receive necessary treatment and creates a documented record of your injuries, which is crucial evidence in your claim.
Document Everything: Gather comprehensive evidence related to the incident. Take photographs of your injuries as they develop and heal, the scene where the attack occurred, any damaged property, and any evidence of the wrongdoer's conduct. Save threatening messages, voicemails, emails, and social media posts.
Preserve Evidence: Keep any physical evidence from the incident, including torn or bloody clothing, damaged belongings, or objects used in the attack. Don't wash, repair, or discard anything that could serve as evidence.
Keep Detailed Records: Maintain thorough records of all expenses and losses related to the injury, including medical bills, receipts for medication and therapy, property damage estimates, and other out-of-pocket expenses. Track missed work days and document how the incident impacts your daily life and activities.
Follow Medical Advice: Attend all follow-up appointments with your healthcare providers—including mental health professionals—and follow their recommended treatment plans. The defendant's attorney could use failure to comply with medical advice to argue that your injuries are not as severe as claimed.
Our experienced attorneys, Matthew and Valeri Malone, are dedicated to proving the wrongdoer's intentional conduct, establishing liability, and securing the compensation you're entitled to. Not accepting any settlements the wrongdoer or their insurance company offers before consulting a reputable attorney is crucial. Seeking guidance from an experienced intentional tort attorney is paramount following an attack. Insurance coverage for intentional acts is often limited or excluded, which means you may need to pursue the defendant's personal assets. An attorney can investigate the wrongdoer's financial situation and advise whether litigation is worthwhile. Agreeing to settlements without legal consultation could result in inadequate offers that omit rightful damages such as future medical costs, emotional distress, and pain and suffering.
How Malone Legal Group
Can Help You With Your Car Accident Case
Case Evaluation: We will carefully assess the details of your accident, evidence, and injuries to determine the strength of your case and advise on the best strategy to pursue.
Gathering Evidence: Our team will gather crucial evidence, including accident reports, witness statements, medical records, and any other relevant documentation to build a robust case.
Negotiation: We will engage in negotiations with insurance companies, at-fault parties, and their legal representatives to secure a fair settlement that compensates you adequately for your losses.
Maximized Compensation: Our goal is to ensure you receive the full compensation you deserve, covering medical expenses, lost wages, pain and suffering, property damage, and more.
Managing Paperwork: We will handle the complex paperwork and legal documentation, ensuring that all deadlines are met and all necessary documents are properly filed.
Communication: Our lawyers will communicate with all relevant parties on your behalf, relieving you of the stress of dealing with insurance adjusters, opposing attorneys, and other involved parties.
Objective Advice: Emotions can run high after an accident. Our attorneys offer an objective perspective, helping you make informed decisions that are in your best interest.
Protection of Rights: Your rights will be safeguarded throughout the process, ensuring that you are not taken advantage of by insurance companies or opposing parties.
Assault involves threatening behavior that causes reasonable fear of imminent harm—no physical contact is required. Battery requires actual harmful or offensive physical contact without consent. You can have assault without battery (threatening but not touching) or battery without assault (touching someone from behind without warning). Both are separate intentional torts that may support civil lawsuits for damages. Many people use "assault and battery" interchangeably, but they are distinct legal claims with different elements you must prove.
Yes. Civil lawsuits and criminal prosecutions are completely separate proceedings with different purposes, standards of proof, and outcomes. You can file a civil lawsuit regardless of whether criminal charges are filed, and you can win your civil case even if the defendant is acquitted criminally. The lower burden of proof in civil cases (preponderance of evidence versus beyond reasonable doubt) means civil success is often more achievable. A criminal acquittal doesn't prevent you from suing—it simply means prosecutors couldn't prove guilt beyond a reasonable doubt.
Texas law provides a two-year statute of limitations for intentional tort claims including assault, battery, false imprisonment, and intentional infliction of emotional distress. The deadline typically runs from the date of the incident. Exceptions exist for minors, individuals with mental incapacity, and situations where the defendant leaves the state. Acting promptly preserves evidence and protects your legal rights. Once the statute of limitations expires, courts will dismiss your case regardless of how strong your evidence or how severe your injuries.
Intentional tort victims can recover economic damages (medical bills, lost wages, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and punitive damages designed to punish especially egregious conduct. Because intentional torts involve deliberate harm, punitive damages are more commonly awarded than in negligence cases. Texas doesn't cap damages in most intentional tort cases. The total value depends on injury severity, impact on your life, and whether the defendant's conduct warrants punitive damages.
You must prove four elements: (1) the defendant's conduct was extreme and outrageous beyond all bounds of decency; (2) the defendant acted intentionally or recklessly; (3) the conduct caused your emotional distress; and (4) you suffered severe emotional distress as a result. Texas courts set a high bar—ordinary rudeness, insults, or annoyances don't qualify. The conduct must be so shocking that a reasonable person would exclaim "Outrageous!" Medical records, psychological evaluations, and expert testimony from mental health professionals strengthen IIED claims.
