You may be wondering if you are able to sue someone for injuries sustained during a physical altercation such as an assault or battery. You can sue for injuries you sustained in a physical altercation.
Battery and assault are both intentional torts that cause physical harm or threaten physical harm. Assault is committed when someone creates a reasonable fear of an impending harmful or offensive contact. When someone causes an offensive or harmful contact with another, this is called battery. The acts can be performed with or without the use of a weapon.
You may be able to sue the perpetrator of an assault or battery for civil damages. You will have to prove that the person who committed the assault or battery acted with recklessness or intent in order to file a civil lawsuit. You must also prove that the act caused you damages.
In an assault or battery case, damages may include medical costs, lost wages and pain and discomfort. Punitive damages can be awarded in some cases. Punitive damages can be awarded as a punishment for the defendant’s actions, and to discourage others from repeating the same behavior.
In some instances, physical violence may be considered as self-defense. Self-defense allows someone to use force in order to protect themselves against an imminent danger. The use of force, however, must be proportionate and reasonable to the danger.
If the altercation took place in the context of a sporting event the defendant can argue that the participants were engaging in a consenting activity and had no intention to harm anyone outside of the scope of their activity. This is known as the assumption risk defense and can limit your damages.
It is vital to seek medical care as soon as you can if you are injured in a physical altercation. Contact an experienced personal injury lawyer who can guide you through the legal system and help you understand what your options are. Your lawyer can help you investigate the circumstances of the altercation to determine the best action.
If you were injured in a physical altercation you could sue the person who caused your injuries. You will have to prove that the person who committed the act did so with the intent of causing harm and that your damages were caused as a consequence. A personal injury lawyer can guide you through the legal process, ensuring that your rights are protected.
