Thursday, January 16, 2014

When the Injury Is Intentional


Not all personal injuries arise from negligence. Some of them result from people who intentionally cause others injuries. These intentional physical or emotional injuries arise from two different types of wrongdoings or torts. These are assault and battery. These are the same in the sense that both are done intentionally by an offender. However, the similarity ends there, because in an assault case, the wrongdoer threatens and acts like he or she might do something to harm the victim, whereas in battery, the wrongdoer actually touches and makes contact with the person and does something to injure him. Some of these incidents result from minor altercations that do not necessarily require hospitalization and that get settled by simple settlement and understanding. However, when a victim gets hospitalized due to serious injuries, then that is a good enough reason to seek the help of a personal injury lawyer.

When a victim gets assaulted, it is much more difficult to prove because no physical injuries are likely to have stemmed from the assault. However, if the victim experiences severe emotional fear and trauma arising from the assault, then there is a good chance that the victim will get compensated as long as the personal injury lawyer gets to prove the extent of the emotional distress experienced by his client. The victim may get repaid for the amount that he or she spent in the hospital and other damages that might possibly arise from the assault or battery inflicted upon him or her. Some of these damages may involve settlement for pain, humiliation, suffering and anxiety. Some personal injury lawyers include demand for "loss of consortium" which is filed by the uninjured spouse against the wrongdoer for compensation for marital relation or time lost with the victim because of the injury.

If you are filing for claims against an assault or battery case, hire a good lawyer to defend you from possible excuses that an offender may present to the court. Your personal injury lawyer will probably have to eliminate the possibility of the offender claiming that he or she was acting out of self-defense when the situation happened. Moreover, your personal injury lawyer has to prove that you are not participating on a contact sport when the assault or battery happened. Also, your lawyer needs to prove that you have emotionally and physically suffered from the event and your life has been greatly affected. For example, you may provide concrete evidence that you have missed going to work for fear that you will find the offender waiting for you in some street corner to hurt you again. You may also have sustained injuries that you could photograph for record and reference to substantiate your claim to physical injury.

Everybody has the right to safety from malicious individuals who intentionally cause other people fear and harm. If you or someone in your family is subjected to grave threat and physical injuries, do not sit quietly and allow that individual to continue offending you and your loved ones. There are laws that protect you from people like these, all you need to do is ask the help of a lawyer and bravely face your offender in court. You might also save and vindicate other people who have been offended by the same person who caused you pain and suffering.

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