Personal Injury
Assault and battery are considered intentional torts in personal injury law. This means that they are intentionally inflicted on an individual by another person. In a typical assault and battery case, the offender is sued by the victim to get compensation for injuries and damages that stem from the incident. Legal requirements differ by state but a personal injury complaint for assault can arise even when there is no actual touching or contact that occurred. What matters is the threat and if such contact has occurred between the victim and the offender, the tort of battery can then come into play.
It is imperative to emphasize that the victim does not necessarily need to be harmed physically in order for an assault or battery tort to take effect under civil law. At times, assault and battery occurs from one incident but that is not always the case as it is possible for an assault to happen without battery. Any victims can file lawsuits for intentional torts as most states consider assault and battery offenses that can be brought to court by the government.
Filing an Assault and Battery Lawsuit
When hospitalization and extensive medical attention are required as a result of an assault and battery incident, a personal injury lawsuit may be filed by the injured person to obtain compensation for their pain, suffering and medical bills. In cases where the conduct of the defendant is considered egregious, the plaintiff may be granted punitive damages above any compensatory damages granted.
There are cases where assault and/or battery are alleged. This usually occurs when the accused person has a compelling legal excuse for their conduct. If the defendant was responding aptly to a threat then the assault and/or battery lawsuit that has been filed against him possibly won’t succeed. The court will determine if the actions of the accused person were reasonable or valid in response to the situation.
Your Assault and Battery Case
You do not have to suffer severe physical injuries in order to file a claim for assault or battery or both in court. Assault claims comprise those actions that were made to deliberately harm you even if you were not injured. For example, someone threatened you with a gun or knife but did not fire the weapon or harm you. You can file any forms of non-injury related claims as an assault charge because of your assailant’s violent intentions. Although these actions are physically harmless, they could possibly leave emotional damage that may necessitate psychological consultation or counseling.
While civil assault and/or battery allegations seem straightforward, proving these elements is quite complex and complicated as it is possible for defendants to use justifying circumstances to lessen their liability. Having a personal injury lawyer, who has experience handling assault and battery claims, work on your case can make a huge difference to your case as he will ensure that you are completely prepared for your hearing. An assault and battery attorney will also help you understand your rights and let you know if you have a strong case to pursue.