Can Assault And Battery Qualify As A Personal Injury Case?

Assault and battery cases can either form the basis of criminal or civil cases. The only difference here is that for any assault and battery, the plaintiff is the one to control the case, unlike when it’s a criminal case, which is controlled by the government.  Just like in a personal injury claim that is filed after an intentional act, the same case applies to assault and battery. If you have been assaulted, you may file a criminal case and at the same time qualify for a personal injury claim. However, you need informed legal advice to know to go over the situation legally.

Assault And Battery In A Personal Injury Case.

The mere act of making someone fear is harmful enough to conclude that an assault occurred. If there is physical contact, then battery occurs. The fact is that assault doesn’t have to be a physical contact to form a liability. If you have been assaulted and you want to get compensated based on a personal injury claim, it would be a good idea to first speak with the  best lawyer in Wasilla Alaska. Such cases are much more complex and require one to know how to act legally. In most cases, assault and battery may be carried out in one event, but this is not always the case. When it comes to seeking compensation in an assault and battery in a personal injury case, the defendant must have the intention to harm. With this, the plaintiff can have the basis to prove that any harm caused was intentional. In other words, the defendant knew that the act would harm the plaintiff, but he/she went ahead to commit the crime. For you to file an assault and battery lawsuit, it must be proven that:

• The defendant's act was intentional.
• The defendant had an apprehension of imminent harm and was aware that the act was offensive. For any action to create an apprehension, it depends on the uniqueness of any circumstances.
• As a result, the plaintiff feared or was harmed.

 It's worth noting that no assault and battery case can be successful in a personal injury claim if the assaulter has a valid legal excuse for their conduct. In other words, they must not have acted in self-defense or defense of others. Besides, the assaulted must not be a privileged person accused of using force to conduct an arrest. In any case, having the best lawyer in Wasilla Alaska can help you determine whether you have reasonable and appropriate grounds to make a claim.

Victim’s Right to Recover Damages for Assault and Battery

Although these claims can relate, one should consult personal injury attorney in Alaska. Again, the rules that apply to these cases differ by state. If your claim is successful, you are entitled to the same damages recovered in a personal injury case. These damages include:

• Compensatory damages, including general and special damages: If assault and battery is proven, the plaintiff must be compensated for the harm or expenses incurred from any injuries suffered.
• Punitive damages: These damages include the defendant being punished for his/her egregious acts. They are to stop the defendant from committing such actions in the future.

To learn whether you can file both a criminal and a personal injury case concerning your assault and battery case, you can consult personal injury attorney in Alaska. The same lawyer can advise you on tips for the best personal injury case settlement.