Published Articles
Intentional/Reckless Harm
The following article was written by Mr. Gelber and appeared in Western New York-area newspapers.
Some civil lawsuits are not based on negligence but, instead, on intentional wrongs (willful torts) such as assault or battery. These claims involve intent, which is the desire to bring about a result or acting in a manner that is reasonably likely to bring about a particular result.
If you or a family member are a victim of an intentional tort, you should be aware of several things. First, if you are contemplating a lawsuit, bear in mind that you usually have less time in which to bring a suit for intentional torts than for negligence claims. Typically, actions to recover damages for an intentional tort must be commenced within one year. There are, however, exceptions to this shorter one year statute of limitations when, for example, the suit is commenced on behalf of a minor. Additionally, in many instances, insurance companies will challenge a claim if it is based solely on an intentional act.
It is therefore important to consult with an attorney early on, who can assist you with the timely commencement of an action and protect your rights against the party who injured you and the that party’s insurance carrier.
While most lawsuits involve either negligence or intentional acts, there is a middle ground that may be termed “willful and wanton”, which is otherwise known as reckless conduct. This behavior is generally defined as unreasonable conduct committed under circumstances in which the person knew that his or her conduct created an unreasonable risk of physical harm and that the probability was relatively high that harm would occur. A good example is when someone recklessly using fireworks causes injury to another person.
Lawsuits based on reckless behavior should have the benefit of the three year negligence statute of limitations. Unfortunately, insurance companies sometimes try to make the incorrect argument that reckless behavior is like intentional behavior and has to be sued in a much shorter period of time.
As always, if you find yourself in a situation wherein you are injured, make sure you get yourself the medical attention you need. You should also contact a knowledgeable personal injury attorney to discuss your legal rights. Call us at 716-633-5050 for a free consultation.
My office is located at 6512 Main Street in Williamsville. We look forward to assisting you and your loved ones with your personal injury-related needs.
