Assault And Battery Personal Injury Claim
Although many people file personal injury claims over simple accidents in Frederick, such as whiplash after a fender bender or slipping and falling, other claims may be made with the help of Frederick, MD injury lawyers for intentional torts that cause harm, such as assault and battery.
After an assault and battery incident, one of the best means for seeking damages after the incident Is filing a lawsuit to sue the offender.
Many often hear of assault and battery together, but many people do not understand exactly what these terms mean. Do they always go hand-in-hand? Can you have one without the other? Below is more information on what assault and battery are, the possible defenses that the offender might use when presented with a lawsuit, and the damages that you can receive in these types of lawsuits.
If you or someone you love has been injured because of someone else’s malice, it may be in your best interest to discuss your situation with Frederick, MD injury lawyers.
The Basics Of Assault
Assault is typically defined as someone intentionally acting in a way that causes another person to believe they are in imminent danger and someone will harm them. Even if someone was threatening another person but the other person in no way felt they were in danger of harm, this would not constitute an assault. However, if a person threatened to shoot another person and they were waving a gun around, this is likely assault. After an assault, no physical harm must come to them. Simply the threat of harm and the belief that someone will hurt them is assault.
If you or someone you love has suffered from an assault or attempted assault in Frederick, talking to personal injury lawyers who are licensed to defend the rights of injured people throughout MD can help you to understand what your rights are and how they can help you to protect them.
The Basics Of Battery
Although assault and battery do not have to go together, battery is usually the next step after an assault. Battery occurs when the offender intentionally and harmfully contacts another person. Person A must somehow cause harm to fall to person B. Person A could directly hit person B, or even lay a trap to intentionally cause person B to fall into it and possibly sustain injuries at a later point. Most states have a law that says there does not actually have to be harm done to constitute battery. There must simply be the intention of harm and contact.
Battery is illegal and should not happen to anyone. In the horrific event that you or someone you love has suffered from this, discussing your right to compensation may help to alleviate some of the difficulties the battery caused.
Are There Assault And Battery Defenses?
There are a few defenses that someone charged with assault and battery might use. These are:
- Self-Defense
- Consent
- Privilege
Self-Defense. If the accused person provides evidence that they were doing it as a form of self-defense, then a lawsuit might not hold up in court.
Consent. There are circumstances where someone might sign up willingly knowing they have a possibility of being hurt. For example, if a person was injured after being tackled in a football game and filed a lawsuit for assault and battery, this would likely not hold up. There are instances where a person can reasonably expect to get hurt but if an individual did not consent to engage in an activity where someone else injured them, the victim may need to get help from reliable Frederick, MD injury lawyers.
Privilege. In certain circumstances—like a police officer arresting someone—a reasonable means of force is understandable in certain circumstances while making an arrest.
What Damages Are There?
Depending on how serious the assault and battery was, the victim can receive damages for several things including:
- Pain and Suffering
- Medical Bills
- Physical Therapy
If you were the victim of assault and battery and are looking for help regarding the next legal steps, call the office of Cohen & Cohen today for a free case evaluation.
