There are two avenues to pursue an assault and/or battery claim. The victim can pursue a criminal case, in which the assailant is brought up on criminal charges. The victim can also pursue a civil lawsuit, in which the victim would recover money damages as compensation for his or her injuries resulting from the assault and/or battery. Some victims pursue both avenues in order to get full justice. Our assault and battery attorneys handle the civil aspect of assault and battery claims.
In a civil context, assault and battery are intentional torts, which means that they stem from intentional acts, not negligence. Negligence means that the defendant acted in a careless manner, but not necessarily intentionally. With that in mind, an assault may not mean what you would imagine. An assault under civil law refers to the creation of fear of harmful contact from another person without the victim’s consent. Battery, on the other hand, is the intentional, harmful touching of the victim without the victim’s consent.
Because assault and battery are intentional torts, they can invoke punitive damages. Punitive damages are not just meant to compensate the victim for his or her injury. They are meant to punish the assailant. Therefore, punitive damages can be much greater than compensatory damages. Compensatory damages are intended to make the victim whole. Examples of compensatory damages would include compensation for pain and suffering, lost wages and medical bills.
Often times, assault victims feel scared and helpless as a result of their injuries. Medical treatment and counseling can be very expensive. The law allows victims of assault to recover monetary damages as discussed above. With the help of our assault and battery attorneys, victims can receive the compensation they deserve for their injuries. Rizio, Hamilton & Kane represents assault and battery victims and aims for the highest compensation available to them under the law.
If you have been injured as a result of an assault or battery, call us today for your FREE consultation. Our skilled trial attorneys will give you an honest assessment of your case. As with all of our potential clients, we will walk you through the elements of Pennsylvania law to determine whether you have an assault case or a battery case, or both. And we never take a fee unless we obtain money for you.