Personal Injury Claims for Assault and Battery
Do you want to sue somebody who intentionally harms you?
Filing an assault and battery case is one of the best legal actions you may take against the perpetrator. It’s a personal injury lawsuit that will help you claim compensation while pursuing criminal liabilities.
The thing is that assault and battery are two different unlawful actions. You can file both violations, or only one of them, depending on the circumstances.
This article will help you determine the correct case to file for your situation.
Understanding Assault and Battery
Assault and battery are unlawful acts that involve intentionally harming a person, and they may cause injuries, psychological distress, and even death to the victim. Thus, the victim may file a criminal and civil lawsuit against the perpetrator to claim compensation and award penalties.
However, remember that assault and battery are different torts or wrongful actions. You must select between the two when using a perpetrator, and you can only file both in one case if applicable. Also, you cannot charge a person with assault and battery separately.
Thus, it’s essential to understand the difference between these two torts before filing a case. Consult a Glendale personal injury attorney to guide you through a lawsuit.
What Is Assault
Assault is generally threatening harm to a person even without physical contact. The intent to make physical contact doesn’t matter because assault may still happen even if the perpetrator doesn’t want to hurt the victim.
For example, a robber points a toy gun at you, demanding cash, and you are alarmed because you think it’s a real gun. While the robber only plans to threaten and not harm you.
It’s assault because the robber deliberately makes you think you are in great danger.
What Is Battery
Battery refers to forceful physical contacts with malicious intent, like punching, spitting, and even rape. The action must also be non-consensual for the victim and willfully done by the perpetrator.
Moreover, the battery doesn’t have to be violent, and simply touching a person can also constitute battery if it comes with malicious intent.
The thing is that a non-physical threat doesn’t count as a factor for battery charges. Following the example above, you can only sue the robber for battery if they punch or strike you with the toy gun.
On a side note, you can also file both assault and battery charges in one lawsuit. It applies when you perceive the threat before receiving the actual physical contact.
Filing Personal Injury Lawsuit for Assault and Battery
Assault and battery may result in injuries. Thus, you can file a personal injury lawsuit against the perpetrator to claim compensation like:
- Medical treatment costs
- Loss of income and wages
- Pain and suffering
Moreover, the state will prosecute the perpetrator in a criminal case, which may lead to imprisonment and penalty fees. And you may also get punitive damages from this case, separate from the compensation you get from the personal injury lawsuit.
The thing is that you should file the lawsuit within two years after the incident. The deadline is only six months if the defendant is a public entity, like the state, city, or police department. You will not be able to file a case if you miss the deadline.
Hire a Personal Injury Lawyer in Glendale for an Assault and Battery Case
Being a victim of assault and battery is difficult, especially if you sustain injuries from the incident. Thus, you want to sue the perpetrator and make them legally liable.
A Glendale personal injury attorney can help you determine the best case to file and get the justice you deserve.