Personal injuries can result from actions taken by others with the intent to cause harm. This is distinct from cases that involve automobile or workplace accidents. As a result, you need to understand how to protect your legal rights when you’ve been assaulted.
If you’ve sustained an injury from an assault, you can file a legal claim to obtain compensation for damages and other losses. The following helps you understand how assault and other torts can be addressed in a court of law.
Defining Assault and Torts
Torts consist of any wrongful act that causes injury to an individual or property. Assault is an example of a tort characterized as having the intent to make a person believe that he or she will be hurt in some way.
In order for courts to deem an action as assault, all that’s required is that the victim experienced reasonable fear of harm. This means that a person doesn’t have to be physically touched in order for an assault to occur.
Battery occurs when there is physical contact with the intent of causing harm or offense. This type of tort can be committed directly, indirectly, or remotely.
In addition, only an offense has to take place in order for an action to be classified as battery. This means that the victim doesn’t need to be harmed in order for battery to be committed.
Common Legal Defenses in Assault Cases
Filing a personal injury claim after an assault can be a complex and lengthy process, and the other party can use any number of legal defenses used in assault cases.
Self-defense is the most common argument made by individuals accused of assault. It will be difficult to get compensated for your injuries if the other party demonstrates that they were responding to a threat.
The response must be reasonable given the circumstances in order for them to argue that they were acting in self-defense.
Police officers and other individuals in positions of authority may argue a defense based on privilege. This occurs in cases where an arrest is being made and the officer uses force resulting in assault and battery.
Consent may also be used as a defense in assault cases. This is commonly used in cases that involve injuries resulting from activities in which both parties were willing participants.
Knowing the defenses that can be used helps you gather the evidence you need to hold others accountable for your injuries.
Compensation for Personal Injuries After Assault
The compensation that assault victims receive will vary depending on the circumstances of each case. Cases in which no physical injury occurred may result in less compensation when compared to those that involve physical harm.
Determining the value of your claim is the first step in taking legal action. Working with a personal injury attorney helps you decide whether or not legal action will result in the compensation you feel you deserve.
Serious injuries resulting from assault and battery can lead to short- or long-term disabilities, medical costs, and secondary health issues.
In these cases, filing a personal injury claim is the best way to recover your financial losses and receive compensation for pain and suffering and other damage.
Your personal injury attorney will give you the resources you need to file a successful personal injury claim resulting from assault.
Understanding the laws related to assault and gathering the evidence you need to establish liability ensures that you get the compensation that helps you fully recover from your injuries.