The majority of personal injury cases involve some sort of accident caused by a negligent act. Such accidents include motor vehicle accidents, slip and fall accidents, pedestrian accidents, and more. However, some personal injury cases revolve around an intentional act of violence, such as assault or battery. Though the person who committed the violent act will likely face criminal charges filed by the prosecutor and penalties such as jail time and fines, a criminal case will not reimburse a victim for losses and costs associated with their injuries. For this reason, victims of assault and battery may seek compensation for their injuries and damages in civil court via a personal injury lawsuit. If you have been the victim of an intentional violent act, contact a Fayette County PI attorney as soon as possible to begin working on your case.
Two common intentional acts that lead to personal injury lawsuits are assault and battery. Many people believe that these two types of acts automatically go together or that they are the same thing, however that belief is mistaken.
Assault is an act that causes the victim to have reasonable apprehension of harmful and imminent conduct. The offender does not have to actually touch the victim to commit assault, but may simply threaten them or make it seem like they will harmfully touch them. For instance, if someone throws a baseball bat at your head and misses accidentally, you likely would fear the bat hitting you and injuring you while it was in the air and before it missed. If you feared unwanted contact or harm, the offender committed assault. Though assault does not have to cause physical injury, it may cause emotional distress. A victim has the right to recover in court for pain and suffering experienced as a result of assault.
Battery means an unwanted physical contact. The physical contact does not even have to physically harm the victim in order to be offensive. A battery can also happen without an assault, for instance, if someone comes up from behind you and you do not see them approach so you have no apprehension. Sometimes, battery causes serious bodily injury to the victim, and that victim deserves to recover in court.
If you have been the victim of assault or battery or both, call the Law Offices of Shane Smith as soon as possible for help. Call (770) 487-8999 to schedule a consultation with a personal injury lawyer today.