Civil Assault and Battery is a personal injury involving harmful or offensive touching of the plaintiff’s person without his consent. For example, a doctor who operates without the patient’s consent engages in unauthorized touching of another and engages in battery.
The extent of damages for assault and battery is dependent upon the damage experienced by the person who has sustained the assault and battery. Also, some people are judgment proof which means the person is financially insolvent or income and assets cannot be obtained in satisfaction of judgment. For assault and battery regarding judgment proof people, the criminal law may be the exclusive remedy.
However, civil assault and battery that requires hospitalization and extensive medical attention necessitate hiring a personal injury lawyer. The lawsuit may be the best way for the victim to get reimbursed for medical bills and compensation for pain and suffering resulting from personal injury assault and battery.
Assault and Battery Covers Many Acts
Civil assault and battery cover many acts and generally are also considered crimes. For example, sexual assault of a minor or an adult is a crime that will be prosecuted by the State, but the crimes also constitute personal injuries. The prospective client should contact the attorney to determine whether the committed act is actionable as an assault and battery.
Defenses to Assault and Battery
A person who commits assault and battery may have affirmative defenses that excuse the actions. The defenses to assault and battery are privileged, consent (consent does not apply for statutory rape), self-defense, defense of property, defense of a third person, and the running of the statute of limitations. Defendants unfortunately sometimes when facing a civil suit that will affect their financial livelihood will resort to less-than-honorable statements. The plaintiff needs the assistance of a civil assault and battery Attorney to obtain the best results.
Call an Assault and Battery Attorney Today
Many people who commit assault and battery acts in instances of unprovoked fights and domestic violence already have a criminal record and the prospect of no incarceration and a fine does not shake them. The prospect however of wage garnishments and loss of income that affects their lifestyle— no person wants that remedy.
If you are a victim of a serious injury civil assault and battery contact Charles Dawkins Jr. at 908-962-9929 or online.