New Orleans
Not every injury comes from an accident.
When someone deliberately harms you, whether through violence, threats, or a reckless disregard for your safety that they knew was substantially certain to hurt you, Louisiana law gives you a path to hold them accountable that goes beyond an ordinary negligence claim.
The Voorhies Law Firm represents victims of intentional torts across New Orleans and the surrounding parishes.
An intentional tort is a wrongful act committed deliberately, or with knowledge that harm was substantially certain to result, rather than through carelessness.
Common examples include:
Intentional tort cases carry a different weight than accident claims, both legally and personally.
Proving intent, rather than negligence, changes what evidence matters and can open the door to legal remedies that aren’t available in an ordinary accident case.
Louisiana law treats intentional torts differently from ordinary negligence claims in a few important ways.
Louisiana courts, following Bazley v. Tortorich, recognized an act as intentional when the person either consciously desired the physical result of their conduct, or knew the result was substantially certain to follow from it.
This standard matters most in the workplace context.
Ordinarily, Louisiana’s workers’ compensation system is an injured worker’s exclusive remedy against their employer, meaning you generally cannot sue your employer in tort for a workplace injury.
La. R.S. 23:1032 carves out an exception for these intentional acts.
If your employer or a coworker intentionally caused your injury, or knew it was substantially certain to occur, you may be able to pursue a civil claim in addition to, or instead of, a workers’ compensation benefit claim.
Louisiana generally does not allow punitive damages unless a specific statute authorizes them, which sets it apart from many other states.
For most intentional tort claims, that means your case is built around compensatory damages such as medical costs, lost wages, and pain and suffering, rather than a separate punishment award.
There are a handful of statutory exceptions where Louisiana law does authorize exemplary damages, several of which overlap directly with intentional tort claims, they include the following:
If your situation touches any of these, it’s worth discussing directly with an attorney, because it can change what your case is potentially worth.
Louisiana doubled its general filing deadline in 2024, specifically for incidents on or after July 1 of that year. The Civil Code article 3493.1 now gives you two years to bring an intentional tort claim, which is up from the one-year period that applied before.
If your case involves conduct from before July 1, 2024, the older one-year deadline under the previous article 3492 may still apply in your situation, so the timing of the incident matters.
STEP 1
Free consultation.
Tell us what happened. We’ll listen and give you an honest, straightforward assessment, at no cost.
STEP 2
Investigation.
We gather police reports, medical records, and witness accounts, and identify every potentially liable party.
STEP 3
Legal theory development.
We determine the strongest path for your claim, including whether a workers’ comp exception applies.
STEP 4
Damage calculation.
We account for medical costs, lost wages, pain and suffering, and any long-term impact.
STEP 5
Demand and negotiation.
We present your claim and push for a resolution that reflects what actually happened.
STEP 6
Filing suit, if needed.
If a fair resolution isn’t offered, we file before your deadline and prepare to litigate.
STEP 7
Discovery and, if necessary, trial.
We build the strongest possible record of intent for the courtroom.
STEP 8
Resolution.
You receive what you’re owed, whether through a negotiated settlement or a verdict.
We handle intentional tort matters including:
Behind every intentional tort case is a person who was harmed on purpose, not by accident, and who deserves to be taken seriously.
We’re here to make sure they are.
The Voorhies Law Firm has spent fourteen years going up against the people and companies that try to minimize what happened, and we don’t care who’s on the other side.
We’ve recovered over $100 million for our clients across all our practice areas.
Results may vary from case to case, depending on the specific facts involved.
Being harmed on purpose deserves to be treated differently than an accident, and that starts with who represents you.
Richard P. Voorhies III and the team at The Voorhies Law Firm have spent over a decade building cases for people who were failed, or worse, ignored, by the systems meant to protect them.
We’re recognized by Super Lawyers, the Million Dollar and Multi-Million Dollar Advocates Forums, and other legal organizations, but in cases like these, what matters most is that you have your attorney’s direct attention throughout what can be a difficult process.
Possibly, under Louisiana’s intentional act exception to workers’ compensation exclusivity (La. R.S. 23:1032). You generally need to show the employer or coworker consciously desired the harm or knew it was substantially certain to occur, which is a higher bar than ordinary negligence.
They are separate processes. A criminal case is brought by the state and can result in jail time or fines, while a civil intentional tort claim is brought by you and seeks compensation for your losses. You can often pursue a civil claim regardless of whether criminal charges are filed.
Generally, no. Louisiana law does not allow punitive damages unless a specific statute authorizes them, which is different from many other states. Your claim would typically be built around compensatory damages such as medical costs, lost wages, and pain and suffering.
Generally two years from the date of the incident for actions on or after July 1, 2024, under Louisiana Civil Code article 3493.1. Some intentional acts may fall under other specific prescriptive rules, so it’s worth confirming your deadline with an attorney.
On contingency. There’s no upfront cost, and we only get paid if we recover compensation for you.
