Personal injury lawsuits are usually filed in case of accidents but assaults can also become basis of similar claims. Assaults and battery are regarded as intentional torts under personal injury laws. A ‘tort’ law is based on the concept that every individual is responsible for the consequences of their actions. Therefore, if they cause harm to another person, intentionally or unintentionally, tort laws provide remedies for these actions. However, in order to execute a successful assault and battery lawsuit there are a number of things that must be taken into consideration besides the obvious consultation with a legal attorney.
What is Assault and Battery?
Both of these actions are regarded as ‘intentional torts’. An assault is defined as an intentional action that is meant to inflict “reasonable apprehension of imminent and harmful contact” or in simple terms, it is when the victim becomes sure that you were going to hit them. Physical contact is not necessary for assault charges to be filed. For example, if you threaten someone, you raised a fist and called out that you were going to punch someone and ‘knock their teeth out’. Whether you hit them or not, this will count as assault.
The major difference between assault and battery is that there is physical contact involved in battery. It is not necessary that an injury or physical harm results from the contact, even a push can be counted under this claim.
Damages in Assault and Battery Cases
The damage claim process for these cases is quite similar to personal injuries caused by accidents. Although, state laws might differ and the subsequent punishments and proceedings can vary from case to case, the basic process remains the same. It is important to note that physical injury is not required for an assault and battery case to be initiated. However, it is not advisable to pursue a lawsuit in such cases either. Your personal injury attorney can help analyze the specific case for you, so consultations are crucial.
Dos and Don’ts of an Assault Claim
Like all legal claims, assaults also have certain procedural guidelines. It is important that you know and follow these to ensure a successful defense of your case in court. First and foremost is that you immediately distance yourself from the situation and call the authorities. It is necessary that you maintain your composure and focus. Take pictures and as much evidence to support your claim as you can. Medical reports are another factor that will help you mount a successful defense.
Also, it is vital that you don’t play a part in escalating the situation by responding or acting out as a response to any assault or battery that you received. Retreat and don’t threaten a lawsuit without resolving the criminal charges first.
In conclusion, it is important to understand what assault and battery is. It is also crucial to know when to pursue a lawsuit in these matters. These aspects require you to get professional advice from a personal injury attorney because they understand the laws and have the ability to effectively analyze specific situations too.