When filing an assault and battery lawsuit, many people often use the two terms interchangeably as if they were the same thing, but they are not. While this can be confusing to many people, it helps to know what each term actually means so you know what to file against someone who intends to harm you.
First, an assault can be defined as a threat to use unlawful force to cause bodily injury to another. The threat, which the plaintiff must believe is imminent, must cause reasonable worry in the plaintiff. Therefore, when the defendant has threatened to use force, fear is then created in the plaintiff, and an assault has then occurred. The focus, for the purpose of determining whether a particular threat is an assault, must be upon how reasonable the plaintiff’s reaction is. So if the defendant’s threat looks like it’s about to be carried out, and the defendant appears capable and intent on carrying it out, the plaintiff will likely be able to successfully prove an assault occurred. But if the defendant threatens to use force against the plaintiff, but clearly states that force is not about to happen, but will instead happen in the future, the plaintiff cannot effectively claim assault. For example, a plaintiff may have difficulty proving an assault in cases where a former spouse threatens him or her over the phone, but is not present or capable of immediately carrying out the threat.
Next, battery can be defined as deliberate and unpermitted contact with another person. A battery, for practical purposes, is the end result of an assault. The plaintiff in a battery claim does not need to prove any actual injury, as long as the plaintiff proves unlawful and unwanted contact with themself or their property. For example, plaintiffs can successfully prove a battery if the defendant grabs onto the plaintiff’s coat. In addition, the contact doesn’t have to be with an object in the possession of the plaintiff or the plaintiff’s body. Any unpermitted contact with property of the plaintiff, located within the plaintiff’s proximity, may also constitute a battery.
Since many people don’t know the difference between assault and battery, but you do, take the next step and visit http://hrj-law.com/ for a free consultation and ask how we can help you with your case. Haire law firm is a law firm in Denton, TX, primarily focuses on personal injury law, including car accident injuries, nursing home neglect, oil and gas rig accidents, aviation accidents, accidents caused by construction, etc.
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