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Personal Injury: What must a plaintiff prove to recover for an assault or battery?

If you are a victim of assault or battery, you may be wondering what your legal rights are. Can you pursue compensation for your medical bills, for example? How do you go about getting compensated? In this blog, we'll explain what you need to know about personal injury claims for assault or battery.

What's the Difference Between Assault & Battery?

First of all, the terms assault and battery are often erroneously used interchangeably. Intent is an essential element of both offenses. An assault means inflicting bodily harm on another person or making another party fear bodily harm (apprehension). A person may face an assault charge when he threatens to use unlawful force to inflict bodily injury upon another, or even disabling the victim. A person may face assault charges for threatening a law enforcement official with a deadly weapon if serious physical harm was inflicted. Other examples would be intentionally drugging another party (without permission); a defendant threatens to hit a victim with a metal pipe, is in the victim’s presence, and is holding the weapon in hand, all may be grounds for an assault charge. So, if the threat is imminent, and the defendant appears capable and intent on carrying it out, the plaintiff will likely succeed in proving an assault occurred.

On the other hand, battery is the intentional, unpermitted and unlawful physical contact or use of force with another person. For a crime to qualify as felony battery, the act must typically have been committed with the intent to do serious harm or restrain, and the physical contact must have been done in a painful, harmful, offensive, or violent manner without the consent of the victim (ex. rape or murder). A battery, for practical purposes, is the end product of an assault. In certain cases, the victim/plaintiff does not need to prove an actual injury as long as the victim proves unlawful and unpermitted contact with the defendant. An assault involves the threat of physical harm, but unless an individual actually touches another with the intent to do harm, the act may not constitute battery.

Talk to a Chicago Personal Injury Lawyer About Your Rights

The law is quite vast and confusing. The expert team at the law firm of Morici, Figlioli & Associates will be able to discern your rights and seek proper channels to get you your rightful compensation. It is very important you have the best Chicago, Illinois personal injury lawyer who can help you with your case. It is optimal to select an attorney who specializes in the area you need legal representation. Therefore, if you have been injured, you need a team of attorneys that will work for you. When you work with a knowledgeable personal injury attorney, you greatly increase your chances of getting highest compensation.

Contact Morici, Figlioli & Associates to find out what options are available to you. If you have been recently injured, talk to one of our Chicago personal injury attorneys as soon as possible. This ensures that your legal counsel has all the information he or she needs to help you win the case. He or she can guide you through even the basic steps when you are applying for compensation. All of these small things, when added up, will ensure that you win your case and get maximum benefits. For these reasons, the importance of picking the best law firm cannot be underestimated.

To learn more about how Morici, Figlioli & Associates can help you, your family, or your friend regarding a personal injury case involving battery or assault, please call our office at (312) 779-0366.

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