East Texas Personal Injury Lawyer

East Texas Personal Injury Lawyer

East Texas Personal Injury Lawyer

Posted on: December 25, 2011 - 4:25 am
by Admin

Assault and battery are considered a personal injury in specific situations under the tort law. When there is a clear intent of the defendant to communicate a fear of battery to the plaintiff, or intent to touch the defendant in a wrongful way, there may be a case of assault and battery, and a personal injury lawyers should be approached. Unlike the criminal law, assault and battery are considered separate offenses under the tort law.

When to approach a Personal Injury Attorney for Assault?

The following 3 conditions must be fulfilled to make a case for assault under personal injury law:

  • The defendant must have communicated an intentional threat to cause physical injury to the plaintiff by force.
  • The circumstances should be such that they warrant a reasonable fear of danger in the mind of the plaintiff.
  • There must an existence of the apparent ability to execute the threat in absence of any preventive action.

When to approach an Injury Lawyer for Battery?

A battery involves an intentional physical contact with the plaintiff against his or her will, or with the help of a physical object set in motion by the defendant. An offensive contact can amount to a battery even if does not result in physical injury, or could not have caused physical injury. Merely holding a person by his hand or shoulder, poking a finger in the body, or even an act of spitting can constitute battery even when the act had no potential to cause bodily harm.

Personal Injury Lawsuit may not apply in case of Consent

All good injury lawyers will advise their clients about circumstances when a personal injury lawsuit may not be possible against a person. In a game of physically aggressive sports such as soccer, basketball or boxing, if a player intentionally violates the rules of the game, resulting in a serious injury to the victim, it may not be possible to bring a personal injury lawsuit against that player.

Similarly, it is difficult to sue a doctor or surgeon in a standard medical procedure, unless there is a specific case of medical negligence and malpractice. These are situations when there is an unstated or stated consent between the two persons, resulting in a privilege of the defendant to cause assault or battery.

Other Common Privileges against Personal Injury

A policeman is usually authorized to use the threat of force, or carry out the threat in real, if the situation lawfully warrants him to do so. A common man may also be privileged to use assault or battery in a situation where it is necessary to do so in self-defense. However, the act of assault or battery in case of self-defense must not be disproportionate to the scale of threat of bodily harm from the defendant.