Assault and Battery
If you have been injured or harmed due to the unlawful touching by another person, you can seek
compensation for an assault and battery injury and should contact a personal injury lawyer for your
assault and battery injury claim. If you are also being charged with a crime involving assault and battery
you will also want talk to an experienced lawyer who knows the ins and outs of both personal injury
law and criminal defense. Assault cases are oftentimes considered criminal acts and if you have been a
victim of an battery and assault it is also considered a personal injury. That is why you will need the help
of a personal injury attorney to file your claim and explain your rights. The highly skilled attorneys at the
Law Offices of Michael A. Fiumara can represent you in your personal injury claim related to assault and
battery as well as defend you should you also be charged with the crime of assault and battery.
An assault and battery are two separate offenses that when used together are defined as the unlawful
and non-consensual touching of another person.
An assault is an act that consists of a threat of harm with the ability to carry out the threat. A battery
is the actual touching or striking of another person in attempt to commit harm. If this has happened to
you, it is many times not your fault and you should contact a personal injury attorney for assault and
battery to file a claim against the other party.
An assault includes three things:
- An intentional, unlawful threat to cause injury to another by force
- Circumstances that create in the other person a fear of danger
- There exists the ability to carry out the act if not prevented
Note that an assault can be completed even if there is no actual contact with the plaintiff, and even if
the defendant had no actual ability to carry out the apparent threat.
For example, a defendant who points a realistic toy gun at the plaintiff may be liable for assault, even
though the defendant was 50 feet away from the plaintiff and had no actual ability to inflict harm from
that distance. This is why you need the help of a personal injury attorney if you think you have been
assaulted, but are not sure.
Who Can Sue
One of the most common assault and battery injuries includes bar fights (both patrons and bouncers
of the bar) as well as altercations at sporting events. If you have been the victim of any of these, a
personal injury attorney for assault and battery knows it is hard mentally to come forward, but you
should, to get legal guidance and compensation for the assault. Also, many times police will take the
side of the bar or event staff and even though you were only defending yourself from an attack by staff
or other patrons, criminal assault and battery charges will often be brought against you. Experienced
attorneys like those at the Law Offices of Michael A. Fiumara can help to defeat the criminal case against
you and sue the responsible parties to get you compensation for your injuries.
Bar Fights
Assaults at nightclubs and bars are frequently the result of overly aggressive bouncers. Similar to cases
involving assaults in malls, parking lots and apartment complexes, owners frequently fail to obtain the
necessary background checks to determine whether their employees have a history of assaults or other
criminal behavior.
In simple terms, anyone can sue for assault through a personal injury attorney, but the highest recovery
comes from certain assault charges and certain injuries.
Some of the situations a personal injury attorney can sue for and get the largest compensation include:
- Significant bodily harm including a hit to the temple, stab wound or bullet wound
- Assault with a deadly weapon typically by a bat, knife or gun
- An assault and battery charge resulting from a hate crime
If you have been injured or harmed due to an assault, you should contact a personal injury attorney.
A personal injury attorney can help you get compensation for injuries and damages related to the
incident. If you have been charged with the crime of assault and battery you should contact a criminal
defense attorney.
Settlements
Since assault is usually causing harm to another person, the damages and recovery can be great if you
hire a personal injury attorney. In a bar fight case in California the patron of a strip club was injured
when security staff of the club provoked a fight and forcibly removed the man. The club bouncers were
trained fighters and attacked the client with great force. After getting criminal charges against the
patron dismissed, the attorneys of the Law Offices of Michael A. Fiumara sued the club, its owners and
the bouncers, settling the case for five times the amount of the patron's medical bills.
DO NOT DELAY! If you have been injured in a bar fight or charged with assault and battery, contact
the Law Offices of Michael A. Fiumara. We will protect your rights and get you the compensation you
deserve.