The mention of assault and battery usually brings with it visions of a criminal who goes on trial and ends up in prison if he is found guilty of the crime. However, that is not the whole story. Victims of assault and battery also have civil remedies available to them. Let’s review what you need to know about assault, battery, and personal injury.
Assault and Battery Civil Lawsuit
It doesn’t take much television channel surfing to come upon a show where the bad guy is committing assault and battery on a helpless victim. However, TV shows rarely mention that the victim of such a crime has the right to retain an attorney and pursue an assault and battery civil lawsuit. This is true in all 50 states, regardless of whether the perpetrator was charged or convicted on a criminal charge related to the act. Assault and battery tort cases allow the victims of such crimes to recover monetary damages from the person who committed the offense.
Assault and Battery Tort Cases
Assault and battery tort cases differ from most other personal injury cases in a significant way. While personal injury claims are normally about suing someone due to an act of negligence, personal injury claims for assault and battery are based on an intentional tort committed. An assault is defined as an intentional act that causes apprehension of harm to the victim. It does not require physical contact with the victim. If the offender does make bodily contact with the victim, the act is then referred to as a battery.
Assault and Battery as Personal Injury Claims
Assault and battery as personal injury claims are allowed under New Jersey laws. While battery involves actual bodily contact and some level of injury, lack of physical contact or bodily injury needs to be proved for a person to be held liable for an assault in assault and battery tort cases. Recovery for an assault under civil law is possible if the victim had a reasonable apprehension that he was at risk of bodily harm from the alleged offender. In an assault and battery civil lawsuit, the victim may be entitled to recover damages for medical expenses, lost wages, and pain and suffering. Sometimes additional punitive damages are awarded to deter the wrongdoer from future bad behavior.
Personal Injury Claims for Assault and Battery
Personal injury claims for assault and battery are no laughing matter. If you have been a victim of an assault or battery, get the assistance you need to get the maximum value from your claim. The value of the case is based on numerous factors, including the cost of medical expenses and the severity of your injuries. The New Jersey personal injury law experts at the Law Offices of James C. DeZao will answer your questions and assist you through the entire legal process. Our goal is to get you the compensation you deserve. Contact us today for a free consultation at (973) 358-6134 .