Personal Injury Cases – Assaults & Battery

Personal Injury Cases – Attorney San Jose, CA

Typically a personal injury lawsuit is filed following an accident, such as a car crash or slipping and falling on ice. In some cases, the action that brought about the harm is deemed purposeful as opposed to accidental. An assault can form the basis of a personal injury lawsuit in civil court. Most of the time, the victim of the assault is suing the offender in order to get compensation for injuries and any other damage that may have occurred.

For a personal injury case, the assault tort is defined as any type of intentional act that is intended to make someone believe that they may be hurt badly in the very near future. As long as fear or apprehension is an appropriate response to the situation, the action can be considered assault. There does not have to be any physical touch or contact for a threat to be made (if there is—the tort is deemed a “battery” instead).

The following examples would likely be grounds for a personal injury case for assault or battery:

  • Tom flexes his fist in Matthew’s face and says, “I’m going to break your nose.” (The Assault), Tom then punches Matthew in the face. (The Battery)
  • Jane uses any form of weapon against Erica (The Battery), Jane then threatens Erica with further harm if Erica calls the police (The Assault/Threat).

If you or a loved one has been injured by assault or battery or you have been accused of assault, you should speak to an assault attorney. A reputable lawyer will explain the value of your case and your rights and defenses and help you navigate the complicated legal system. Contact Brendan Barrett today to schedule a free consultation.

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