Assault and Battery Personal Injury LawsuitsThere is more to personal injury claims than just getting into an accident. Yes, accident law is the most common, but you can make a personal injury claim after assault and/or battery.
Just what is assault? What is battery? What kind of claim can you make? And how much is your lawsuit worth?
Assault and Personal Injury
For our purposes, consider that assault is not always striking someone, such as punching them or hitting them with a bat. It is that, of course, but threatening to beat someone with a bat, threatening with a weapon (real or not; loaded or not) can also be constituted as an assault.
The site NOLO has a useful article on this subject. They point out examples where no physical assault was committed, but where there were actions constituting assaults. One example is where a man threatens to punch another in his face, saying so verbally. This is assault. You can file a suit if someone does threaten you.
Battery is when the assault is no longer a threat and that an action has taken place. If they threaten to hit you but don't, that's assault. If they threaten to hit you, and do, that's battery.
Battery and Personal Injury Claims
State laws differ on how battery is made, but it's pretty much summed up above: there was contact made, either intentional or not. If someone threatens to hit you with a car, tries to stop, and hits you, that's battery. You need not break a leg or suffer a concussion to sue on battery charges for this. If there was contact made, and it's dangerous, you have a case for battery.
So you know that assault is more of a threat, and battery is an actual attack.
What kind of claim can you make?
First, if the assault or battery were minor, you may not want to file a lawsuit. Yes, it can make a point, but the actual damages can be quite minor. If someone threatens to hit you, you can sue them, but it won't turn into some huge settlement and may cost you too much. On the other hand, if battery did occur, or the assault is very serious, you can get some damages. This can go beyond simple injury: in some cases you can be mentally affected.
You can find out the general rate for personal injury claims made for assault and battery depending on what happened. This is where a lawyer can be invaluable.
How a Personal Injury Lawyer Can Help
You'll know you have a winner if an experienced personal injury lawyer takes your case for a portion of the settlement. Few lawyers will take single assault personal injury claims simply because the time involved is too big and damages given too small. But you really don't know until you consult with a lawyer. If you intend to win, it's almost required to hire legal counsel. He or she can prove the assault and/or batter occurred, ensure you get proper damages, and help you make the defendant pay.