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 being charged with a crime involving assault and battery, you will also want to talk to an experienced defense 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 Fiumara & Milligan Law, PC 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 nonconsensual 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

  1. An intentional, unlawful threat to cause injury to another by force
  2. Circumstances that create in the other person a fear of danger
  3. 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 Fiumara & Milligan Law, PC 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 Fiumara & Milligan Law, PC 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 Fiumara & Milligan Law, PC. We will protect your rights and get you the compensation you deserve.

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