Posted on June 8, 2013 by Fast Lawsuit Team
Personal injury lawsuits are not only for injuries accidentally caused by another party’s negligence or careless acts. They can also be for intentional acts such as assault and battery, aside from felony or misdemeanor charges that may be included. Victims of assault and battery can sue for compensation for the injuries they sustained. In some states, the damages may also include punitive damages, especially if it can be proven that the offender acted with malice and with deliberate intent to harm the victim.
Assault and Battery: What’s the difference?
These two can come separately or together. However, it is important to note that these are two separate offenses. Basically, assault is defined as any threat or intentional act to harm or cause injury to another person, where the victim has reasons to fear for his safety. There is also the possibility and the ability to carry out the threat if preventive measures are not made. One can sue for assault even when there is no touching or actual contact involved and even when there really was no actual ability to inflict harm, such as a person trying to scare you with a realistic-looking toy gun. Although the rules covering assault and battery differ from state to state, for most states, the threat of harm would be enough.
Battery, on the other hand, involves actual contact. The person being sued actually touched or struck you in an attempt to do you harm. It involves offensive or harmful contact by the offender where the harm can be:
- direct and immediate (the offender directly causes injury, such as his punching the victim in the face)
- indirect and immediate (the offender does not have to make direct contact but was the source of the offensive contact, i.e. throwing a rock at someone)
- indirect and remote (the offender set a trap, which injures the victim a few days later)
Assault and battery can come in a number of forms:
- Assault with a deadly weapon. The offender uses a deadly weapon to threaten or to harm. Examples of deadly weapons include a gun, knife or baseball bat. This is often considered a criminal act.
- Assault and battery. This starts with a verbal threat that is followed by the actual use of physical force to injure. This is often considered a criminal act.
- Aggravated battery. The injuries sustained by the victim was caused by the use of a deadly weapon. This is often considered a criminal act.
- Domestic Assault and battery. This is assault and battery involving family members. Depending on the injuries sustained, this can be a misdemeanor or a criminal offense.
- Sexual assault and battery. The threat and actual use of force to perform sexual acts that are against the victim’s will or without his consent. This is often considered a criminal act.
Assault and Battery injuries are usually sustained during:
- Thefts and robberies
- Riots and fights
- Fights in public places (sports arenas, neighborhoods, bars, schools)
- Domestic violence
- Altercations with the police where police brutality is allegedly involved
- Sexual assault and rape
Who can you sue?
You can sue:
- The person who actually committed the act
- The person who ordered the act to be committed
- Property owners who fail to properly screen employees, where the employees are guilty of assault and battery
- Property owners who failed to provide adequate security to prevent assault and battery from happening in their premises
What can you sue for?
If you are injured due to an assault and battery incident, you can seek compensation for:
- Medical expenses (current and future) to treat the injuries sustained
- Loss of income/loss of job
- Expenses related to your recovery (i.e. therapy, adaptive equipment)
- Related expenses (i.e. the cost of childcare)
- Pain and suffering
While you are waiting for your assault and battery lawsuit to settle, you can get access to funds through lawsuit funding. Also referred to as lawsuit settlement advance, this provides you with money you can use to get the treatment you need, pay for your household needs, as well as build a strong case against the offender.
Usually, it is the urgent need for money that causes victims to settle for a lower compensation amount. With a lawsuit advance, you don’t have to do this. What’s more, the lawsuit settlement funding is based not on your employment or credit standing, but rather on the merits of your lawsuit. FastLawsuitMoney.com has streamlined its processes so that once your application is approved, you can get the money in as quickly as 24 hours.