The law is particularly complex; people are always in doubt whether they can and cannot bring a lawsuit on their own. People don’t know the difference between Assault and Battery because the acts provide both criminal and civil remedies, mainly because offense of Assault and tort of Battery indicate the same violation of law. A common misconception is that in this kind of cases (the ones where an individual is charged and prosecuted) for a criminal act you cannot sue that person. Lawyers at Maryland have the experience to assist you get the compensation you deserve in reality.
If you were subjected to an assault and battery, you can bring a cause of action. The same as all other details of personal injury cases, actual injuries are also the necessary conditions for a case to be initiated. I would suggest you to meet an attorney on an urgent basis, especially immediately thereafter the receipt of any required medical care. In addition to that you also have to go to the cop’s office and report the case because assault is a serious crime.
However, you do not have to mandatorily file a report in the police station – many people consciously avoid doing so for various reasons and in such cases does not prove beneficial for the case. Judges may think in the same fashion and would be reluctant to believe your story. It is significant to understand that the law of assault does not always require physical injury to the victim, however; the battery is ever required to take place on the body. It is a commonly used term to refer to the situation when indecent contact is sought by an individual, but in the law books it is more formally described as battery. Assault and battery are commonly likened together and thus lawsuits for assault usually also include the physical injuries cause from a battery being inflicted.
Ways of Proving Fault in Case of Assault in Maryland
The acts of assault and battery are intentional torts where one’s intention or willful act forms the basis of the claim. Therefore, showing the defendant’s intent where he or she performed these acts is essential for you to be successful. It often turns out to be even more problematic because sometimes intention is quite a challenge to prove since you are proving that it is person’s state of mind. Our Maryland personal injury attorneys are experts on intentional torts and will help you in the gathering of the facts for you to show that indeed the intention of this person was to injure and assault you.
Assault
Inter alia, the cause of action known as assaulting- an individual does not exist by default in civil tort. Furthermore, when the aggressor faces you, he or she should be given the perceived power to do the time and again the assault. To put it in another case, this means that if someone tries to shoot you but has no gun for the shooting, then the person has no capacity to lead to the attack. Despite that, the crimes such as robbery, rape, and murder may constitute assault regardless of whether their gun is loaded or not. This positive and voluntary act, of the defendant’s, maybe also a hiding. A threat might not help while shows in court if Plaintiff is trying to prove an assault belonging to civil court. For example, the warning that he is about to shoot, or actually placing the triggered firearm in his hand, is considered as assault regardless of threat or actual harm.
Battery
The threshold of battery is also assault, in the sense that it coincides with verbal threats and the use of force. On the other hand, we have battery where it involves actual physical force used against the victim. The legal inference of a battery lies in defendant’s subjective perception and free will about the compromise into the victim. From this, it is an evident that intention to do harm is merely an act of criminal liability; therefore, in civil liability, the defendant is not automatically liable even if he meant to do harm. Instead of it, the only thing they would have to focus on is the laying of an egg as a result of her deliberate action. More precisely, we need to demonstrate that defendant touched your body in some way with intention. This could be articulated with their own hands, for example by someone throwing a punch or a slap at someone else. The use of this symbol could be illustrated by a tool or a weapon.
Lastly, the issue of whether you were actually harmed should be demonstrated If you are looking to delve deeper into the topic of pursuing legal action against your college or university for discriminatory practices. It should be pointed out that the violation of the principle may occur not just in relation to the physical damages. Another type of harm which might qualify as the cognitive or psychological element is brought into the equation. A glimpse of despair, a bitter realization reveals that, if to stay alive, there will be the battery, otherwise, the end comes.
Another advantage of pursuing personal injury legal claims in Maryland is the presence of experienced personal injury lawyers who can help you during the process. If you or your close friend were harmed, you can always contact our Maryland Domestic Violence lawyers and they would be able to sue your assailant which would lead to paying for your damages. For in depth consultation and to schedule a case evaluation, call us right now!
