Find A Personal Injury Attorney
If you have been injured or harmed due to the unlawful touching by another person, you can seek compensation for an assault and battery injury and should contact a personal injury attorney for your assault and battery injury claim.
Assault cases are oftentimes considered criminal acts and if you have been a victim of an assault and battery it’s also considered a personal injury. That is why you will need the help of a personal injury attorney to file your claim and explain your rights.
Assault and Battery
An assault and battery are two separate offenses that when used together is defined the unlawful and non consented touching of another person.
An assault is an act that consists of a threat of harm with the ability to carry out the threat. A battery is the actual touching or striking of another person in attempt to commit harm. If this has happened to you, it is many times not your fault and you should contact a personal injury attorney for assault and battery to file a claim against the other party.
An assault includes three things:
- An intentional, unlawful threat to cause injury to another by force
- Circumstances that create in the other person a fear of danger
- There exists the ability to carry out the act if not prevented
Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if the defendant had no actual ability to carry out the apparent threat.
For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even though the defendant was fifty feet away from the plaintiff and had no actual ability to inflict harm from that distance. This is why, you need the help of a personal injury attorney if you think you have been assaulted but are not sure.
Who Can Sue
The most common assault and battery injuries include:
- Bar fights (both patrons and bouncers of the bar)
- Fights Amongst Students in Schools
- Domestic Violence
- Rapes and Sexual Assaults
- Altercations at Sporting Events
- Fights Between Neighbors
- Police Brutality
If you have been the victim of any of these, a personal injury attorney for assault and battery knows it is hard mentally to come forward, but you should to get legal guidance and compensation for the assault.
Assaults at nightclubs and bars are frequently the result of overly aggressive bouncers. Similarly to cases involving assaults in malls, parking lots and apartment complexes, owners frequently fail to obtain the necessary background checks to determine whether their employees have a history of assaults or other criminal behavior.
In simple terms, anyone can sue for assault through a personal injury attorney but the highest recovery comes from certain assault charges and certain injuries.
Some of the situations a personal injury attorney can sue for and get the largest compensation include:
- Significant bodily harm including a hit to the temple, stab wound or bullet wound
- Assault with a deadly weapon typically by a bat, knife or gun
- An assault and battery charge resulting from a hate crime
If you have been injured or harmed due to an assault, you should contact a personal injury lawyer. A personal injury lawyer can help you get compensation for injuries and damages related to the incident.
Since assault is usually causing harm to another person, the damages and recovery can be severe if you hire a personal injury attorney.
A female client of a New York personal injury firm, without warning or provocation had her arm twisted behind her back by a male co-worker with such force that he tore a tendon in her left shoulder.
The client of the personal injury attorney had shoulder surgery and made a recovery. A lawsuit was filed and the case settled at mediation in the amount of $105,000.
A bar fight in California resulted in an eye injury to the client of another personal injury lawyer who sued the man who provoked the fight. The man was a trained fighter and attacked the client. The client settled for $60,000.
Recent lawsuits indicate that universities around the country should revise their policies regarding sexual assault of students, and make sure they are doing everything possible to secure a safe environment for its students.
If they are not doing all that is possible, the university itself might be liable for the damages after an assault. After all, college is a business and you are paying to go there.
Ohio State University was the latest to join the assault bandwagon. A student at OSU filed suit recently through a personal injury lawyer, declaring the university is responsible for her rape, which occurred 19 days after the same man raped a different student. The victim alleges OSU simply transferred her rapist, rather than hold a disciplinary hearing.
If you have been assaulted on a university campus and feel the institution did not do what it could have to protect you, contact a personal injury attorney to take action against the university.
In addition, celebrities are becoming the focus more and more on assault lawsuits. If you have been assaulted by a celebrity, don’t be afraid to contact a personal injury attorney to file suit just because the person is famous.
A woman in Seattle recently sued magician David Copperfield, saying that he sexually assaulted her while she was on his private island in the Bahamas.
Copperfield's lawyers deny the allegations and will fight the claim. No criminal charges were filed.
Furthermore, a woman recently claimed Roethlisberger raped her at a hotel-casino during an annual celebrity golf tournament in July 2008.
Rape is a form of assault and if happened, should be reported to the police and a personal injury attorney.
Assault can ruin a person’s life, physically and mentally. If you are a victim, contact a personal injury attorney immediately to file a claim and get your life back on track.