Can Assault and Battery Double as a Personal Injury Claim?

Most personal injury claims are filed as a result of an injury that is sustained from the negligent or wrongful conduct of another person or entity. These claims commonly include car accidents, slip-and-fall cases and other injuries that occur as a result of an accident of some kind. Assault and battery are intentional torts and differ drastically from any form of negligent behavior.

Intentional torts are acts that are conducted intentionally. When an individual is harmed from the intentional act of another, they can sue the person for damages, seeking compensation for the injuries that they have sustained much like an individual would in more traditional personal injury cases involving accidents. The law does vary when it comes to intentional torts, so if you decide to seek out injury lawyers in Atlanta, you should choose someone experienced in handling personal injury claims for intentional torts so you are more likely to succeed with your claim.

Assault and Battery

Assault and battery are common terms in law, but what do they mean? Many people confuse the two and are unsure how the terms may apply to a situation considering an injury.

  • Assault: An action is deemed an “assault” if it causes a reasonable apprehension of imminent and harmful conduct. What that simply means is that if an action cause somebody to fear that they will be hurt in some way shape or form, that action can be considered an assault. For example, holding up your fist to another person’s face and screaming “I am going to punch you in the face” is considered assault. The caveat is that there does not need to be any physical or actual harm done for an assault to take place — the threat satisfies the legal elements.
  • Battery: Battery is a step past assault. What this means is that one person makes intentional and harmful contact with another person. The intention to cause harm is not an element of the offense. All that is required is that there be an intentional and harmful contact.

There are many reasons to file a personal injury lawsuit. Assault and battery will most likely need to both be present in order to have a successful personal injury claim. Many people simply press charges against an individual for assault and battery, which would then begin criminal proceedings where the state would prosecute the case on your behalf. The process is very different when filing a civil suit on the basis of assault and battery, and if you are inclined to file such a suit, you will need the assistance of an attorney.

If you or a loved one has been injured by another individual and you are considering filing a personal injury lawsuit, don’t go to court alone. Call McAleer Law today for a free consultation.


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