Assaults and Civil Lawsuits
In the United States, there are 250 cases of physical assault per 100,000 of the population. While many people think that assaults onle lead to criminal charges, these wrongful acts can be the basis for a personal injury lawsuit. Here are a few things that you need to know about assaults and personal injury claims.What Is an Assault?
For the purposes of civil law, an assault is defined as a purposeful act with the intention to instill fear or make harmful contact with another person. This assault is known as an "intentional tort" when this act is the center of a civil lawsuit. Many people believe that assault requires some type of physical contact, but that is not often the case, especially when it comes to civil law. If the person's action caused fear of harmful or offensive touching, that could be considered an assault. When there is physical contact, then those actions are often classified as battery. In many cases, both assault and battery claims are filed together in a civil lawsuit.The Elements of Assault
If you plan to file an assault lawsuit, you have to prove several elements, such as:- The action was intentional on the defendant's part
- The intention caused apprehension of harm by you
- You as the victim had a reasonable apprehension of immediate harm
Similarities Between Criminal and Civil Assault
Along with a personal injury lawsuit, assault charges can be filed in a criminal court. Under both civil and criminal law, proving the elements of the crime are similar. In both instances, the defendant must have created a "reasonable apprehension of harm." In simple terms, if the plaintiff experienced anxiety or fear over the threat of physical harm, then that could be the grounds for a civil lawsuit. In both criminal and civil cases, the plaintiff must prove that the defendant triggered a reasonable apprehension of harm. Finally, in both criminal and civil law, the plaintiff must prove that the defendant meant to cause harm. In addition to that, the defendant must have known that those actions would cause imminent harm to the plaintiff. If you have been physically or emotionally harmed by an assault, you should speak to an Allentown personal injury attorney to discuss whether you can file a civil lawsuit.Differences Between Civil Assault and Criminal Assault
As you already know, assault charges can be filed in a criminal court. The difference between a criminal assault and a civil assault is the result of the legal action. With a civil lawsuit, it is a private matter between two individuals. If the plaintiff can prove the claim, monetary damages are awarded, but no jail sentences are imposed on the defendant.
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