Here's what you need to know about assault and battery with We Win Injury Law.
Attorney Tyler T. Todd says assault is the intentional act of making someone fear immediate physical harm. No physical contact is required.
The victim must believe they are about to be hurt right then and there.
If the physical action results in actual contact, the incident is often classified as battery.
The criminal case is brought by the government to punish an offender with jail time or fines.
The civil injury claim is a lawsuit filed by the victim to get financial compensation for their medical bills and distress.
The criminal case requires beyond reasonable doubt, while the civil case only requires proving that the incident was more likely than not to have happened.
Tyler explained that whether a lawsuit for an assault victim will result in actual financial recovery or just a worthless piece of paper depends on whether or not insurance coverage.
They may be judgment proof if they don't have assets.
They may also consider whether alcohol was involved. If drinking is involved, it can expand coverage to others including who served the alcohol, whether the person was visibly intoxicated, and did that intoxication contribute to the assault and injuries.
Tyler says even a five second assault can create long term harm, so you should get an attorney involved right away.
You can contact We Win Injury Law by calling 435-688-9558, visiting WeWinInjuryLaw.com or following them @wewininjurylaw.
