Still, tort law prosecutes people whether the act of injury was performed out of malice or without offensive intent. As responsible citizens of the state, it is everyone's duty to assure that his/her actions do not bring harm to his/her fellowmen. For instance, if the court finds that the unfortunate incident could have been prevented, there are grounds for prosecution. Tort ensures the victim has access to equal rights because of the injuries s/he sustained.
Intentional. Injuring another individual intentionally is already adequate grounds for criminal charges. Domestic violence is one example, with one person beating the other out of anger or malice, no matter the reason for carrying out so. Intentional injuries have a tendency to carry heavier offenses compared with unintentional injury, considering that the perpetrator planned on carrying out such a thing. However, there are certain exceptions such as the right to self-defense when necessary.
Under U.S. law, the victim has the right to use any force necessary for self-defense, even with deadly means. Nonetheless, the Utah personal injury lawyer says that the right of self-defense is only applicable in certain circumstances. This means that the victim has to first think about his/her options when confronting an imminent threat: must the victim fight or take flight? Only when options like these have been exhausted can the victim defend by lethal force.
Unintentional. Even if the individual did not mean to hurt someone, tort law nonetheless constitutes such a scenario as grounds for prosecution. The court may argue that the unfortunate incident could have been prevented if the parties involved exercised caution and responsible thinking. The Utah personal injury attorney suggests not engaging in activities if the risks of an individual getting hurt are very high. Otherwise, the sanctions can be just as heavy as intentional personal injury.
In the end, it all boils down to how reasonable the individual must have acted to stop any injury from happening. The principles of intentional and unintentional personal injury are a distinct reminder that injury is never a good thing, unless it really is the only way to survive. Considering these, a personal injury attorney Utah has to offer can defend your stand when prosecuted for injury whether intentional or otherwise.