Assault and battery is an intentional action by someone that results in injury to someone else. When there is intent in the harming of another person, a civil lawsuit is sometimes the most effective way to obtain a recovery from the assailant. Medical Claim Legal can help you get compensation from the individual who committed the assault and battery.
The Difference Between an Assault and an Accident
If you slip and fall in a parking lot and get hurt it is an accident. Accidents can result in settlements in your favor; however, they are different from an assault and battery claim. According to Cornell University’s Law School, assault is “a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact.” They go on to define battery as “a physical act that results in harmful or offensive contact.” The combination of the two is known as assault and battery.
Types of Assault
The Bureau of Justice Statistics recognizes two different types of assaults. Simple assault does not involve the use of a weapon. Aggravated assault includes the use of a weapon.
Civil vs Criminal Lawsuit
Most states have laws that make the acts of assault and battery illegal. Therefore, in most cases, a criminal lawsuit may be filed to hold the assailant accountable. A criminal charge, however, does not result in a recovery for your damages. You then need to file a civil lawsuit to recover damages for your injuries. Both a criminal and civil lawsuit can be filed for the same assault and battery incident.
Why Medical Claim Legal is Right for You
Dealing with the aftermath of an assault and battery incident can be stressful and overwhelming. Let Medical Claim Legal help you. We have lawyers standing by who can help you get the compensation you deserve. Contact Medical Claim Legal today.
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