Assault and Battery Lawyers
Though many people may not know the difference between them, assault and battery are separate types of personal injury charges. When one person purposefully acts in a way that causes someone else to think that they will be harmed, that is considered assault, even if no physical contact has taken place. Once contact is made, the claim becomes battery.
These small details can be overwhelming for someone who's not familiar with the law. The personal injury attorneys at Leav & Steinberg LLP are well versed in the relevant statutes and can assist you with your assault or battery case.
What Is Assault?
The clearest sign that something was an act of assault is the apprehension experienced by the victim. Apprehension involves the reasonable belief that someone is in danger of physical harm unless another action or some form of self-defense prevents it. Previous knowledge, perception, anxiety, or fear of an intent to cause harm can all be included when considering whether or not it was reasonable for the plaintiff to have felt apprehensive.
Unlike assault, battery cases have no requirement for apprehension. As long as physical contact was committed purposefully, with the knowledge that such contact would be harmful or offensive, there are grounds for a battery suit. Any impact that alters the body of the victim—regardless of causing pain or not—is considered harmful. An act can be deemed offensive if it affects the dignity of the victim.
The statute of limitations for an assault and battery case in New York State is one year after the incident. This means that the victim has just one year from the time of the incident to file a lawsuit.
Can You Sue Someone for Assault?
To be considered actionable, the plaintiff of an assault or battery case must have incurred damages. Damages can vary and may be economic, non-economic, or punitive. Plaintiffs should consider the finances that will be required when filing an assault lawsuit. Civil court lawsuits assist plaintiffs by requiring that the perpetrator provide the victim with compensation. However, if the assailant doesn't have many assets, there won't be much to collect when the case is over. Discussing the matters of your claim with an experienced personal injury attorney is the best way to determine which steps to take during an assault or battery lawsuit.
Contact Leav & Steinberg
Our team of experienced personal injury lawyers has handled assault and battery cases in all five boroughs and across the Tri-state area. Over the years, we have secured millions of dollars for our clients, and we won't charge you any attorney fees until the case is won. Contact Leav & Steinberg today for a free consultation and to learn how we can help with your assault or battery case.