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Questions about Assault and Battery Laws

What is assault and battery? It is considered an assault and battery when someone threatens an individual and attacks him/her at the same time. There are a lot of provisions that have been made by the law for people who may have been involved in an assault and battery case. Reading up on assault and battery can help individuals know about the various assault and battery laws and react better when faced with assault and battery.

What is the punishment for assault and battery?

In most situations, assault and battery may be considered to be both civil and criminal offences. As a civil offence, the victim can sue the accused for reimbursement for any medical treatments, lost wages, emotional stress, pain and suffering and punitive damages to prevent further misconduct by the accused. As a criminal offence, the accused may be imprisoned and fined. The fine amount would depend on the severity of the injuries caused to the victim. However, the county district attorney may decide if he/she wants to take criminal action against the accused in an assault and battery case.

What is the statute of limitations to file a civil action suit against an individual for assault and battery?

There may be a difference in the statute of limitations for civil action in an assault and battery case in the different parts of USA. In some states like Florida, the statute of limitations to file a civil action suit against an individual for assault and battery is 4 years from the day of the attack.

What are the different kinds of damages that may be claimed in a battery and assault case?

In most situations, there may be three kinds of damages that individuals may claim in a battery and assault case. They could claim compensatory damages which would include medical bills. These damages may compensate for the physical injuries that the victim may have sustained. The victim could also claim nominal damages which would be an acknowledgement that the individual has suffered from an invasion of his/her rights. In some situations, he/she may also claim punitive damages which would be higher than the compensatory damages. These may be awarded in extreme circumstances to further punish the accused.

Would a case of assault and battery be considered a personal injury case or a criminal case?

In most situations, a case of assault and battery may be considered to be both a personal injury case as well as a criminal case. This is because assault and battery may have a criminal intent and hence may be considered to be a crime qualifying it to be a criminal case as well.

What can an individual do if a medical staff performs a procedure on him/her without his/her consent?

If a medical staff performs a medical procedure on an individual without his/her consent, the individual may sue the staff for assault and battery. He/she may also sue for medical malpractice if the procedure has any side effects on the individual or any of his/her organs.

Can an individual sue for assault and battery if his/her son was punched in the face by a boy at school?

If an individual’s son was punched in the face by a boy at school, the individual may sue the boy’s parents for assault and battery in a civil case. If the individual’s son attended a public school, the individual may also take negligent supervision action against the school board or school district.

Being a victim in an assault and battery case can be a traumatizing experience. Not knowing what action you can take in such a situation can add to this frustration. There may be a difference in the rules and procedures of an assault and battery case depending on individual situations and jurisdictions. It is important to be aware of what the assault and battery laws are in your state so that you can take the right action against an individual if you have been a victim of assault and battery.

Ask a Personal Injury Lawyer

Infolawyer
Infolawyer, Attorney
Category: General
Satisfied Customers: 958
Experience:  Licensed attorney helping individuals and businesses.
11313492
Type Your Personal Injury Law Question Here...
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Personal Injury Lawyers are online & ready to help you now

Infolawyer
Attorney
Satisfied Customers: 935
Licensed attorney helping individuals and businesses.
Ely
Counselor at Law
Satisfied Customers: 551
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 417
I provide basic personal injury advice to my clients in my own practice.

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