November 10, 2017
Filing a Personal Injury Claim for Assault and Battery
The term assault and battery, when it comes to personal injury claims, differs from that of criminal law. Assault and battery is broken up into two separate things etities. It’s important to note that in cases involving criminal law; the act of assault and battery is combined. Navigating a personal injury claim can have it’s fair share of complexities, consulting with an experienced personal injury attorney can help you to prepare everything necessary to file your claim with ease.
The Difference Between Assault and Battery
Although assault and battery goes hand in hand, they are considered separate in personal injury claims. This type of personal injury claim is considered an intentional tort. This is when someone intends to harm another person.
Assault is the precursor to battery. It is often when a person fears that battery will happen because of the danger or threat someone may be causing. It could also mean that battery is bound to happen. Examples of assault may include:
- Threat to harm someone followed by the act of harming them
- Being reckless
- Pointing a weapon at someone
- Charging towards someone
- Swinging your arms or fists at someone
The person filing the claim must have fear that they will be battered or hurt as a result of a person’s actions. When real fear exists as the result of someone posturing threateningly it can be considered assault. It’s important to be aware that an isolated verbal assault can not be considered an assault.
Battery is the impact of the assault and ultimately is when explicit contact occurs. There are two types of battery:
- Indirect Battery is when the defendant doesn’t actually physically connect with the victim. Examples of indirect battery includes:
- Shooting at someone but missing
- Swinging a bat
- Attempting to punch someone but not making contact
- Direct Battery is when touch happens like punching or hitting another person. This also includes using an object or weapon to harm someone such as a bat or a gun. Examples of direct battery can include:
- Unwanted sexual touch
- Spitting
- Violence
- Hitting someone and making direct contact
- Stabbing or shooting someone
Contacting a personal injury attorney such as the personal injury lawyer is beneficial in sorting through the process of filing a personal injury lawsuit. Working with an attorney can help in providing you with getting the maximum claim as quickly as possible. In most cases, attorneys offer free consultation, so there is no risk in meeting with them.