Assault and Battery: Personal Injury Settlement
While often combined, assault and battery are two different offenses. Assault is the threat of physical harm being made against the victim. No contact occurs, but the victim reasonably assumes they will be harmed.
Battery is the physical contact that occurs. The victim does not need to be harmed for the contact to be considered battery; the contact must be inappropriate. Examples of battery include:
- Someone sets a trap for another person to fall into
- A person kicks another
- An individual spits on another during an argument
Excessive Force: Personal Injury Lawyer Case
Excessive force is another example of battery. In this case, the defendant has authority over the other person. Police officers and prison security guards may use reasonable force to subdue an unruly individual. However, they must use only the amount of force necessary to gain control of the situation. If a professional crosses the line of reasonable to excessive force, they may be held liable.
When filing a personal injury case, it is critical to understand that not all situations qualify as intentional torts and to get the best possible advice from https://www.brentgeorgelaw.com/about-us/. A comprehensive understanding of the law and its intricacies helps you determine the best course of action for your case and personal injury settlement.