Assault & Battery
A Personal Injury Attorney Could Help You Hold Your Attacker Liable
Everyone knows assault is a crime. Physical attacks and credible threats of bodily injury deserve serious attention from police. Prosecutions are warranted when investigations show that someone accused of assault did cause a serious injury or inflict significant psychological trauma and emotional distress.
Intentional Torts & Assault Cases
The same harms that make an assault a criminal offense can also provide grounds for a personal injury lawsuit. Such a lawsuit falls into the category of legal actions called intentional torts. The harm that occurs from a battery or an assault can be inflicted negligently, recklessly, or intentionally. Reckless actions are those taken without regard to the consequences.
What Is The Most Common Type Of Personal Injury Case?
The most common example of a personal injury case involving reckless behavior is a drunk driving lawsuit. The intoxicated driver took the wheel while showing zero concern for the harm they could cause.
Assault & Battery Cases Can Be Incredibly Tough to Win
Nearly all assault and battery cases go to a jury trial. And winning requires convincing jurors that the defendant intended to injure or cause suffering.
Another problematic hurdle is that the defendant will almost certainly be personally responsible for paying a negotiated settlement or jury award from an intentional tort case. Insurance policies almost never carry intentional acts by policyholders.
How Can A Personal Injury Attorney Help with My Assault & Battery Case?
Assessing the financial resources of the person who committed the assault needs to be done early in the process. Moving forward with a lawsuit often only makes sense when it is clear that the defendant has the money to adequately compensate the victim.