Did someone intend to do you harm by striking you? Then you may have a personal injury case for damages caused by the incident. This is commonly referred to as assault and battery. But what, exactly, is assault and battery in a civil context? And what might you be compensated for? Here's what you need to know about this multipart tort.
What Is Assault?
Most people would probably assume that assault refers to physically striking someone. However, in legal terms, this isn't quite so. Assault is an action or actions which cause the victim to legitimately fear for their safety. Assault is often a prelude to physical violence, but it doesn't have to be.
For instance, a person might discover their partner cheating with their ex. They threaten to hit the cheating spouse, and the argument continues as they get back in their car. They then rev the engine and make threatening moves with the vehicle toward the cheater and the ex. This person has committed assault if the victims had honest reason to believe that violence would occur — even if it never did.
What Damages Awards Can You Receive?
Assault by itself often doesn't cause physical injuries. In most cases, your case would seek compensation for emotional, mental health, and psychological damage the person caused. Fearing for your life can create lasting scars, including PTSD, the need for mental health treatment, lost income from time off work, and even having to move or change jobs in some cases.
Proving these invisible wounds and side effects can be challenging. You will have to demonstrate to a jury that there is a direct link to the incident rather than anything else going on in your life.
What Is Battery?
The second half of assault and battery is the physical striking of the victim. This is the battery. In the scenario above, if the wronged partner follows through and hits either their cheating partner or the ex, they have now committed battery.
Just like assault can be a tort, or civil liability, without actual battery, battery doesn't require assault. Perhaps the person being cheated on waited outside in the car until the couple exited and then hit them from behind. There may have been battery without assault.
What Damages Awards Can You Receive?
It's often easier to prove injury and damage when suing for battery because the harm is physical. The victim may need medical treatment, follow-up visits and care, and time off work to recover. There may be permanent damage leading to lower income prospects in the future. And, of course, there could be property damage. However, they may also be able to sue for the mental health impact of battery.
Where Can You Learn More?
Did you suffer from assault, battery, or both? Whether or not law enforcement pursues a case in criminal court, you may have a case for personal injury. Find out by meeting with an attorney in your state today.
Contact a law firm like Stawicki Anderson & Sinclair for more information.
Share28 August 2023
When it comes to fighting in court, it isn't always easy to stay strong, stable, and secure in your convictions. Fortunately, by working with a great lawyer, things become much easier. About ten years ago now, I was accused of a crime that I didn't commit, and it was really heartbreaking. I started thinking about what to do, and a friend of mine suggested working with a great lawyer. It was incredible to see how much help the lawyer was, and within a few months, I was proven innocent. This blog is here to help people who might be fighting legal battles of their own.
