Personal injuries and Intentional torts

A client might suffer personal injuries in circumstances that also give rise to intentional tort claims.

This often occurs in the context of bringing claims against the Police for any harm inflicted by a Police Officer in the execution of their duty.

In such circumstances, how do we decide what kind of claim to bring and how do you incorporate a personal injury into an intentional tort claim?

Different types of claims:

1. A personal injury damages claim is typically a claim for injuries and loss arising from the negligence of the Defendant and is assessed under the Civil Liability Act (NSW) 2002 (CLA).
2. However, an intentional act that is done with intent to cause injury is excluded from the CLA by Section 3B(1)(a).