What is Assault and Battery?
This is 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 involved in a case. Knowing the laws and what to expect will help.
Assault and battery punishment
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 would depend on the severity of the injuries caused to the victim. However, the county district attorney will decide if he/she wants to take criminal action against the accused.
Statute of Limitations for a Civil Suit
The statute of limitations may vary in different states. In some states like Florida, it is four years from the day of the attack.
What are the different kinds of damages that may be claimed in a assault and battery case?
- They could claim compensatory damages which would include medical bills. These damages may compensate for the physical injuries that the victim has 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.
Is an assault and battery case considered a personal injury or criminal case?
In most situations, this may be considered to be both a personal injury case and a criminal case. This is because it may have a criminal intent.
What can an individual do if a medical staff performs a procedure without consent?
If this happens, 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 a parent sue for assault and battery if their child was punched in the face by another child at school?
The parent may sue the other child’s parents for assault and battery in a civil case. If it is a public school, the parent 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 can add to this frustration. There may be a difference in the rules and procedures depending on individual situations and jurisdictions. It is important to be aware of the laws in your state.