Most people associate personal injury lawsuits with physical injuries to an individual. However, this type of suit may be filed if a person’s reputation or emotions have also been harmed. Injury to property rights falls under a different legal category.
While most personal injury claims are filed as the result of the negligence of another party, Kanata Ontario Law Firm also sees cases involving strict liability and personal wrongs. Strict liability involves cases such as product liability suits, where the manufacturer didn’t intentionally harm an individual or act negligently. Intentional tort cases are filed when an individual acts with the intent to harm another person. Assault falls under this third category.
What is Assault?
Assault does not have to include a physical attack. If a person reasonably fears harmful or offensive contact, they may file a lawsuit. The person initiating this contact must have intentionally intimidated the victim. Motive does not matter in this situation, and it doesn’t matter if the person meant for it to be harmful or offensive. If the individual filing the suit felt it was, that is enough for legal action. However, each state may refine this general definition, which is why retaining a lawyer is essential. The lawyer provides more information about filing a successful lawsuit.
How Does This Differ from Battery?
Many cases are filed as assault and battery. How does battery differ from assault? Battery is an actual act that harms another individual. Contact takes place between the two individuals. Assault is the threat of harm, while battery is the actual harm. There is no need for the victim to be harmed in a battery case. If the victim finds the contact offensive or inappropriate, they may file a lawsuit for assault and battery. Many people aren’t aware that actual harm is not a component of an assault and battery case.
Civil or Criminal Lawsuit?
People may believe they cannot file a civil lawsuit if the government prosecutes the individual for assault or assault and battery. However, the two matters are completely separate. The government may prosecute this person and punish them for their actions. This punishment may come in the form of imprisonment, fines, community service, counseling, probation, and more. The civil suit, in contrast, seeks damages for the harm suffered by the victim, even if the harm is emotional rather than physical or has been done to their reputation rather than their person.
Filing a Civil Lawsuit in an Assault Case
A person who wishes to file a civil lawsuit in an assault case should consult with a lawyer. The lawyer determines what compensation should be sought and gathers evidence to support the victim’s claim. This evidence may be medical bills, information from an employer concerning time missed from work, and more. In addition, the attorney ensures all deadlines are met, as statutes of limitations are of importance in these cases.
Any person who has been a victim of an assault should contact an attorney to determine which steps they should take. If no medical treatment was sought, the victim may not have much of a case. In addition, the victim may win in court and never receive compensation. Speak with a lawyer to see if the case is worth pursuing. In many cases, but not all, it is.
