T he origin of a personal injury may be an action that was induced unintentionally, out of neglect, due to carelessness or just accidently, or intentionally, in which case we can speak of assault and battery since these legal categories fall into the intentional type of actions.
Even though most personal injuries come as a result of accidents – that is to say unintentional actions, assault and battery are still quite common and very serious due to very serious consequences that can possibly arise. As such, assault and battery are always good grounds for civil suits.
Typical case of assault and battery comes down to the following: the assaulted party, the one that suffered personal injuries due to behavior of another person, sues the offender in order to seek compensation for suffered harm and other damages which stem from the incident. pasadena Wrongful Death Attorney can help you pursue the claim.
It is important to have in mind the definitions of the terms „assault “and „battery“. Assault is defined as follows: any intentional act that is meant to cause a „reasonable apprehension of imminent and harmful contact“.
This is usually described as behavior or action that made the victim expect that he or she is about to suffer harm, or at least, that contact will be made in a harmful manner. The involved parties are named the victim (the side that suffers personal injury) and then offender (the one whose actions led to personal injury of the victim). Obviously, the first thing that comes to mind after reading these definitions is that, in order for assault to exist, no physical contact between the offender and the victim has to exist – only the apprehension of fear or imminent harm, but it has come as a reasonable consequence of the offenders actions.
On the other hand, the term „battery“ , although it varies from state to state in the U.S., is defined with the notion of contact, meaning that intentional and harmful offensive contact with the victim has to occur, even though it does not have to have physical harm as a consequence.