Will Injury Lawyer In Nepean Represent Assault And Battery Injury Cases?

It is a known fact that personal injury cases are filed for accidents that happen due to negligence. However, in certain cases, the action causing harm to the victim is intentional and not exactly not accidental. When it comes to such incidents, instances of assault and battery are considered to be intentional torts. This can lead to court cases wherein the plaintiff would sue the defendant, seeking compensation for the damages and injuries with the help of their personal injury lawyer Nepean. A lot of times people are, however, confused about what exactly would constitute battery and what would be termed as assault in such cases.

In terms of personal injury cases, an act of assault is defined as an intentional action by a person that is done in order to make the victim expect that they could be hurt or touched in a harmful way by the offender. In most of the states, the creation of fear that there could be imminent harm is enough to be considered as an act of assault if it is a reasonable response to a situation. If you check with your injury lawyer in Nepean, you are most likely to be told that in an assault case, you do not need a physical touch or injury. Just the declaration of their intent to harm the victim would make the defendant liable for the damages caused thereby.

On the other hand, battery is a physical offence and perhaps the specific definition of battery may be different for different states, but the fact is that the basic premises that define an offence as being a battery remain the same at all times. Your personal injury lawyer in Nepean would explain to you that for the occurrence of a battery, the fact that a physical touch happened and was inappropriate since the defendant wanted it to happen that way will make the case qualified for a personal injury case of battery. It does not mean that the victim has to be injured or harmed in a battery case. On the contrary, the fact that the defendant wanted to harm the victim is enough to prove the case.

Your injury lawyer Nepean would inform you that the cases of battery and assault can be extremely serious and while the scenario may differ for different states, the way the states would tackle such cases would more or less be the same.

However, in instances where there has not been an injury or damage, filing the personal injury case for compensation may not remain that viable since the compensation is only meant to compensate for the losses which are not really there. When an assault or battery case results in an injury or property damage, the victim should not wait and file a personal injury case to get compensated for the damages as soon as possible.