How to Get Justice for Assault and Battery

Lawyer and client consultationBeing involved in a car crash, or incurring injury from an accident are common causes of personal injury. But many personal injury cases in Queensland also involve assault and battery. Many lawyers in Aitkenvale explain that if you suffer physical injury or pain due to someone’s negligence, you have the right to accuse and sue the offender in a court of law.

Intentional tort

Damages and injuries brought about by intentional harm, also called intentional torts, must still be proven. Before you can claim compensation, you have to file a case and follow it through. The court requires proof of damages before awarding a victim of assault and battery just compensation.

Assault is the intentional harm to a victim, while battery is the physical component. Threatening to harm someone with a knife or gun, as well as any action that places persons in reasonable fear of harm can be seen as assault. The definition of battery is offensive contact in any form and stands in court even when there is no actual injury resulting from the harmful contact.  The court considers assault and battery as consisting of greater wrongdoing—legal wrong purposefully committed. Your petition can be considered as a criminal case instead of a civil one.

Proving intent

Careless, reckless, or negligent actions may cause accidental harm. The intent to cause harm is another story. For the case to be tried as intentional tort, there is a need to prove intent. When someone has done something intentional that resulted in physical injury, there is a need to prove that the actions performed caused the victim pain and suffering. Nevertheless, there is no need to prove that the actions of the offender were directed intentionally to cause the victim harm.

You have the right to accuse a person who has done you harm and make them answer for their deeds. Consult with a personal injury law practitioner today.