FAQ for Assault and Battery Cases
Personal injury cases often also cover assault and battery claims. This means if you are the victim of such an offense you may be able to sue the offender who deliberately cause you harm.
Is Assault Physical?
A lot of people presume that assault is a physical action, however that is not the case. Assault is actually when there is an intentional threat of violence against a person. The offender will threaten to hurt the victim physically and intentionally. The threat would then cause the victim to feel afraid of the impending violence, even if it does not happen.
What is Battery?
Battery is different from assault in that there is a physical action taking place. This might be a punch, a push, a shove, a slap, or any other similar physical attack. This must be an intentional act on behalf of the aggressor, damaging the victim without their consent.
Can You File a Claim For Both?
Assault and battery are often linked because they usually happen at around the same time, so people file a lawsuit that contains evidence of both. Think about it like this, if you are in an argument with someone and they threaten you (assault) and you then leave and they chase and attack you (battery) you have experienced both in quick succession.
Do I Always Have to Claim Both?
No, it depends on your case. If for example you are hit by a random stranger, no assault has taken place.
How Does a Personal Injury Case Differ From a Criminal Case?
In a criminal case the state is the one prosecuting the defendant. In this type of case the victim is a witness, and the case is primarily controlled by the state. This differs in a personal injury case, where the victim has more control and files a lawsuit against the aggressor. The purpose of the case is often not just about financial reimbursement for the victim but also closure.
If you have been the victim of an incident of assault or battery and are looking for advice on how to proceed with a personal injury case, speak to the experts at Franco Firm.