Assault & Battery: Can You Recover Damages?
25 May 2015No Comments
If you have ever found yourself caught up in an altercation, you may be ready to head for the door and avoid the dispute altogether. But what happens when you cannot avoid the altercation and you are assaulted? Filing a personal injury claim can help you recoup compensation for your medical bills and injuries that were sustained during a fight with someone else.
Assault vs. Battery: What You Need to Know
If you have heard the terms assault and battery, then you are might be unsure of the meaning of the two or how they are different from one another. Often, people will use the terms interchangeably when they actually mean something completely different.
Assault occurs when someone does something intentional to cause bodily harm to another person. During an assault, physical violence does not have to take place and the simple act of causing someone to fear that they may be hurt if they act.
The term aggravated assault is used when the person who made the threat actually acts out and hurts the person or strikes them with their hand or with some object.
Battery is similar to aggravated assault in that a person who is charged with battery actually touches or injures the victim.
Filing a Personal Injury Case
If you want to seek out compensation for injuries that were sustained in an assault or battery, you should hire experienced Portland Texas Personal Injury Attorneys. It can be difficult to sue someone who has assaulted or battered you. The reason behind the difficulty is because the individual can claim self-defense. If the plaintiff is able to prove it was self-defense, your case can be tossed out.
Before you even go to court, your personal injury attorneys will sit down with you and discuss the entire case. You and your lawyer will go over everything from the moment it happened until you arrived in the office. If you have a shot at winning your case, your attorney will represent you in the courtroom.
To help facilitate a strong case, you should have all of your medical problems noted in your record to ensure that when your medical file is pulled, the information is there and that it is accurate.
Another thing to note is that Texas has a statute of limitations of two years from the time of your injury to file a case.
Types of Damages That Can Be Awarded
There are a variety of damages that can be awarded when you are involved in an assault or when you have been battered. The type of damage will depend on the severity of the altercation and what happens. The following are the common damages:
- Physical damages – these include injuries to your person.
- Economic damages – these include things such as property damage, medical bills and follow up care, lost wages, and similar.
- Psychological damages – these include severe trauma, PTSD, and anxiety.
In addition to the above, non-economic damages include things such as pain and suffering that you may have gone through after the assault occurred. Also, punitive damages are often awarded to individuals and these types of damages are designed to punish the suspect or person who committed the assault.
Hire an Attorney Today
Since Texas has a shared fault rule, you should only trust experienced Portland Texas Personal Injury Attorneys to help you navigate through your case and prepare it for court. If you are found to have shared any fault with the plaintiff, you will receive less compensation than you may have expected.