October 14, 2014
Can I File a Claim if I have been Assaulted or Battered?
The majority of personal injury lawsuits arise out of an accident. Though these accidents may be due to someone‘s negligent behavior, the negligent person did not necessarily intend to cause anyone harm. However, personal injury claims can result from intentional acts, such as assault and battery. As a victim of a crime, you have rights too. If you have been the victim of assault or battery, you should contact experienced Philadelphia personal injury attorney Gabriel Levin to schedule a free case evaluation.
What is assault and battery?
Most people believe that assault and battery are the same act. However, they are two different kinds of acts that do not have to accompany one another, though they commonly do. The following are brief explanations of assault and battery:
Assault—Assault is an act that makes the victim fear imminent physical contact that is harmful or offensive. A person does not have to actually touch you to commit assault. For instance, if someone swings a baseball bat in your direction, and you reasonably fear you were going to get hit, you have been assaulted.
Battery—Battery is when another person actually makes unwanted physical contact with you that is harmful or offensive. For instance, battery can be pushing, punching, or throwing an object at someone.
Sometimes assault and battery can be separate acts. For example, if someone swings a punch at you and misses, no battery occurred. However, if you feared you were going to be punched, you may recover for assault. On the other hand, if someone hits you in the back of the head and you never saw them coming, you suffered a battery but not assault, since you were never in fear prior to the contact.