The U.S. court system provides legal remedies to protect people’s rights and punish wrongdoing. There are two basic types of legal cases: criminal and civil cases. The government initiates and prosecutes criminal cases to enforce the law and punish crimes against society. Civil cases, on the other hand, are cases dealing with conflicts between two or more parties, organizations, and institutions. Cases involving assault and battery are examples of both crimes and civil claims.
Assault and battery cases in Louisville vary depending on the circumstances, and a Louisville personal injury attorney can help you get fair compensation.
Elements of Assault and Battery
Although they are different offenses, most jurisdictions often pair assault and battery together as a single offense because they are closely related and often happen together. If you are a victim of assault and battery, you can file a lawsuit against the wrongdoer and get compensation for your injuries.
Assault refers to any direct or overt deliberate actions that cause another person to reasonably fear that they will be offensively touched or physically harmed. For example, making someone feel intimidated by threatening to beat them up can be considered an assault, even without physical harm or contact.
Battery is the intentional act of causing harm or offensively touching another person without their consent. Unlike assault, which is about intent and how a victim feels, battery is applicable when physical injury or contact happens. It’s important to note that battery can apply even if the victim was not injured, so long as that contact was unwanted and offensive. For example, spitting on someone does not injure that person but may still constitute a battery offense.
Some common examples of assault and battery cases in Louisville include:
- Bar fights.
- Domestic altercations.
- Robbery with violence.
- Road rage incidents.
- Security guard-involved incidents.
- Schoolyard fights.
Understanding Civil Claims for Assault and Battery
Types of Civil Claims Available to Victims
There are three types of civil claims available to victims of assault and/or battery:
- Crime victim compensation: Offers financial assistance for expenses such as medical bills.
- Criminal restitution: Compensates victims for expenses like property damage and lost wages.
- Civil litigation: Provides victims with the financial resources needed to rebuild their lives.
The Burden of Proof in Civil Cases
For civil cases, the burden of proof lies with the plaintiff. They must introduce slightly better or more evidence than the defense and convince the jury the facts are “more likely than not” accurate. A preponderance of evidence (“more likely than not”) means the jury needs evidence as low as 51% that supports the plaintiff’s view of events compared to 49% for the defendant to issue a verdict.
Role of Intent and Negligence in Civil Claims
In a civil claim, the plaintiff can argue that the defendant’s deliberate actions caused them harm, or they failed to take reasonable precautions to prevent harm. Civil cases dealing with intent or negligence claims seek financial compensation for the victim rather than punishing the wrongdoer.
Legal Options for Victims of Assault and Battery in Louisville
After suffering an assault or battery, contact the police immediately and file a report. The report will be crucial evidence in the civil claim that will allow you to recover damages. The next step is to initiate a lawsuit against the assailant in a civil court to receive compensation. With representation from a personal injury attorney, claimants will have every advantage and improve their chances of winning.
Factors Affecting the Outcome of Civil Claims
The outcome of a legal case depends on how a judge or jury sees the evidence provided against the defendant. A personal injury lawyer can help gather the required evidence and witness testimonies to prove your claim in court. The evidence to support the charges might include medical reports, police reports, and expert testimonies. Contributory negligence also affects personal injury claims because the plaintiff can be held only partly responsible, making it challenging to receive compensation for damages.
The Role of Personal Injury Attorneys
An experienced attorney can evaluate your case and recommend the best legal options. When claiming compensation, a personal injury attorney in Louisville will help you pursue the proper legal remedies, which can be the difference between success and failure. The attorney may also agree to take the case without charging their regular fees in exchange for a percentage of the damages. Such contingency fees are helpful in cases where a victim is short on funds but has a complicated or costly case.
Sam Aguiar Injury Lawyers: Get Experienced Help with Your Assault and Battery Claim!
Assault and battery charges depend on the offense’s circumstances and the jurisdiction’s laws. Generally, assault and battery cases lead to criminal charges and/or civil liability against the perpetrator when the victim proves the actions caused injury or other losses.
If you want to pursue legal action, know that Sam Aguiar Injury Lawyers will aggressively fight for you. We understand that it can be difficult to deal with court cases, especially if you’re still recovering from your injuries. It’s important to stand up for yourself, and a personal injury lawyer can help you do that. Our attorneys are well-versed in Louisville’s laws and legal precedents and are ready to provide the best possible legal representation. Contact us today for a free case evaluation.