Generally the victim of an assault and battery will sue the individual offender in order to receive compensation for any damages that have occurred as a result of the incident.
One of the biggest questions is what rises to the level of “assault” and “battery?”
Assault is an intentional act intended to cause a “reasonable apprehension of imminent and harmful contact.” This means that someone (the victim) is expecting that they are about to be hurt or touched in a harmful manner by another person. However, the fear of imminent harm must be reasonable. No actual touching is necessary.
When it comes to actual touching, a battery is usually at play. A battery is an intentional, harmful or offensive contact with another individual.
A battery can include contact that is:
Under civil law, physical harm is not necessary to prove battery. Contact must simply be offensive or harmful to a reasonable person and the offender must have committed such contact intentionally.
An assault can occur without a battery and a battery without an assault.
Since no actual physical harm is required, civil cases for assault and battery can range widely in seriousness. In situations where an assault and battery occurred but did little to the victim, it may not always be in the best interest to sue, while for those cases that involve great medical attention it may be the best remedy in order to recover for medical bills, pain and suffering.
If you have been the victim of an assault and/or battery, you deserve to stand up for your right to be safe. Seeking the counsel of an experienced attorney can help you recover financial compensation for your incident.
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