In a personal injury case, assault is technically defined as an intentional act that created a reasonable expectation of imminent and harmful contact. Assault covers a broad spectrum of threatening actions, but generally speaking, an assault occurs when it’s reasonable to believe you will suffer bodily or emotional harm because of someone’s threatening behavior.
Often assault and battery are terms used in the same situations and interchangeably. However, just as someone may commit an assault without a battery, someone also may commit a battery without an assault. No touching or physical contact must occur to amount to assault in the state of California. Specific legal requirements vary by state, so It’s important to speak to an attorney who practices law local to where the incident occurred.
If this threatening behavior was purposefully intended to cause reasonable belief of harm or offensive content, you might have a case for assault. Words without an accompanying violent act do not constitute assault. But if any kind of act is completed that leads the victim to believe the perpetrator is capable of causing harm, this situation can likely be considered criminal assault. If you have suffered a threatening experience, it’s important to speak with a qualified personal injury lawyer to discuss all aspects of your case. If a threatening situation can be labeled assault, you may be entitled to compensation. Our Costa Mesa personal injury lawyers, our qualified team of attorneys can identify potential elements of assault and advocate against the aggressor in court.
If possible, it’s always a smart idea to collect any evidence at the scene of the assault. If there are witnesses at the scene, get contact information and witnesses’ accounts of what happened. Take pictures of the scene of the crime or any weapons that were used. Any valid evidence can help strengthen your case in court.
Do I Have an Assault Personal Injury Case?
It’s important to note that a personal injury lawsuit will be considered valid if the person accused of assault has a legitimate reason for acting the way they did, i.e., in self-defense or defense of others.
If you have suffered assault and accrued financial damages, including medical bills and lost income, this may be recovered in court. Non-economic damages, including pain and suffering always play a large role in determining the implication of the assault on the victim.
Many personal injury claims deal with accidental harm and injury, however, assault does fit into the category of personal injury. If you come in contact with someone who poses an imminent threat of harm or do become harmed by that person, you may be entitled to compensation.
Even if your financial and emotional damages from assault are minimal, you may have a case worth defending. If you or a loved one have suffered an injury or mental distress due to assault, Sweet Lawyers’ experienced attorneys can help.