Can I File a Personal Injury Claim for Assault or Battery?

The inherent complexity of personal injury laws makes it difficult for a lay person to comprehend when he can or cannot file claims. For instance, a common situation that befuddles him is when he is the victim of an assault or battery. His common query to a personal injury lawyer: can I file a personal injury claim for assault, even if I have not been injured, or for battery?

Being Aware

It is common understanding that a person who has committed an assault or battery can be charged in a criminal case. But if you have suffered emotionally or physically due to the assault or battery, you can also file a personal injury case and seek damages for your losses. In this context, it is worth differentiating between an assault and battery so that you are aware when you can file for damages.

Waiting is not Necessary

An assault is an instance when an intentional act or speech by someone has made you fear that you may be harmed by him. Your fear however, needs to be a "reasonable response" to the action or the words. In this context, it must be clarified that you need not be actually harmed by the person who has uttered the threat or performed an action that gave you the impression that you may be hurt by him. The perception of threat is adequate to file a personal injury claim against him.

Escaping Danger

This is not any different to foreign policy. If a country is building a nuclear weapon and compounds the issue by threatening you and your allies then you have a right and a duty to take action. The same principle can be applied on the sidewalk or inside someone's home. If you feel someone is about to strike you or attack you, you can prevent this and take action without taking the first blow and hoping you can recover after that. This does not mean you have a green light to punch someone and continue doing it. You have the right to knock that person back, repel their behavior so you can make your way to safety.

Legal Help by Your Side

A battery is an instance when another person acts in a deliberate way to cause you bodily harm. You may file personal injury claims for an assault if you have been hit or been in a harmful situation set up by the other person. In the latter case, like in cases of assaults that have not resulted in any injury, you will need the counsel of an experienced personal injury attorney who specializes in such cases to prove the intent and/or liability of the other person and thereby increase your chances of acquiring the compensation you deserve.

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