The majority of personal injury lawsuits are filed for unintentional acts such as car accidents. However, some actions that cause injuries are intentional such as those in assault and battery cases. While most people think of criminal charges for assault and battery cases, there is a place for assault and battery in personal injury law. In personal injury law, “assault” and “battery” are classified as intentional torts (wrongs) that can form the basis of a lawsuit in civil court. This type of personal injury lawsuit is filed to provide financial compensation to the victim for injuries and other damages caused by the intentional act.
If you or a loved one was injured in an assault and battery incident you may benefit from speaking to a personal injury lawyer about your legal rights. Most personal injury lawyers take personal injury clients on a contingency fee basis which means that clients pay only a percentage of the settlement. An injury attorney can help ease your burden as they fight for justice on your behalf.
What is assault vs. battery in a personal injury lawsuit?
In a personal injury case, assault and battery are defined separately. The tort of assault is usually defined as any intentional act that is meant to cause the victim to expect that they are about to be hurt or at least be touched in a harmful way by the offender. The tort of battery is typically defined by a requirement that the offender made intentional and harmful or offensive contact with the victim. Note that in most states the victim need not be actually physically harmed for a battery to happen under civil law as long as the contact was offensive or inappropriate to a reasonable person and the offender meant for it to happen. While assault and battery often occur in the same incident that is not always the case.
Damages in assault and battery tort cases
When a person is seriously injured in an assault and battery incident they may need hospitalization, extended medical care, surgery and/or physical therapy to recover. In addition to these costs, the victim may suffer lost wages while they recover or even loss of future earnings if they become disabled or badly disfigured in the attack. Assault and battery tort cases seek to recover all damages from the incident including pain and suffering, medical bills, lost wages and more. The value of these damages varies widely depending on the particulars of each case.
If you or a loved one is dealing with an accident or injury through no fault of your own, you have enough on your plate. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!