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Assault And Battery Personal Injury Claim

Assault And Battery Personal Injury ClaimAlthough 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.

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

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