Lawsuits allied with personal injury are not just limited for those injuries which are caused due to the careless acts or other party’s negligence. Instead, they are also applied for intentional acts like assault and battery, apart from misdemeanor or felony concerns which might be included. If you have been a victim of assault and battery act, then you have the rights to appeal for compensation for injuries caused. In few states, punitive damages are also included, specifically if it could be proven that delinquent acted with spite and purposefully to hurt the victim.
What’s the factual difference amid Assault and battery?
These two terminologies can come either together or individually. But, it is vital to know that these two are distinct offenses. Typically, any intentional act or menace to harm or to cause damage to another individual, wherein the victim has several reasons to fright for his security or safety is defined as assault. An individual can sue for this even if there is no direct or actual contact involved and also when there truly was no actual capability to wreak injury, for instance, a person trying to scare you using a realistic-looking toy gun can be considered. Albeit, the laws covering battery and assault differ greatly from a state to another, however for most of the states the risk of harm would be sufficient.
On the other hand, battery involves actual contact. This simply signifies the person being sued had factually struck or touched you when trying to harm you. This involves harmful or offensive contact by offender wherein the harm could be either of the following;
- Direct and immediate –It involves if the offender directly tends to cause injuries such as punching or hitting the victim in the face.
- Indirect and immediate –It involves if the offender might not directly involved in causing harm however was the source of intentional or offensive contact; such as throwing a rock or stone at someone.
- Indirect and remote –This is the harm caused of the offender establish a trap that injures victim after some days.
Forms of assault and battery
- Assault with deadly weapon – The offender utilizes dangerous weapon to harm or threaten. Viz: Knife, gun, baseball bat and more. It is usually regarded as the criminal act.
- Assault and battery –This actually begins with the verbal threat and is followed by the use of physical power to damage. This is considered as a criminal act.
- Aggravated battery –The injuries that sustained by a victim were produced due to the use of deadly weapon.
- Domestic assault and the battery –This is the sort involving family members. Based on the damages sustained, this might be considered as a misdemeanor or as an offensive act.
- Sexual assault and battery –The menace and actual utilization of force to perform sexual acts which are against the will of victim or without the consent of victim. It is regarded as a criminal act.
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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.