In order to maintain an actionable claim against a defendant for battery, a plaintiff must prove that the defendant acted intending to cause a harmful or offensive contact against the body of the plaintiff. To establish that a defendant’s contact is harmful, the plaintiff must prove that the contact resulted in a bodily injury to his or her person. However, the bodily injury does not need to be severe. It may be relatively minor and last only a short duration of time. Additionally, to recover damages for a cause of action of battery, a plaintiff need not be aware of the contact, as long as the trier of fact finds the contact to be harmful.

In the absence of permanent physical injury, the trier of fact or the jury may consider whether the touching was offensive to the plaintiff. A West Palm Beach intentional torts attorney should present evidence that the plaintiff suffered pain, humiliation, embarrassment, and mental anguish to establish the contact as offensive. The contact may be considered to be offensive if it would offend a reasonable person’s sense of dignity. However, a casual touching of a plaintiff’s hand by the defendant will not likely be considered offensive without additional evidence, such as an enraged appearance or abusive language.

To ensure that you have the best chance at recovering damages for a cause of action for battery, you need an experienced law firm on your side to recover the damages you deserve. Sharmin & Sharmin P.A. has experienced intentional tort lawyers ready and willing to fight for you. Call us for your free consultation to discuss your rights at 1-800-74-TRIAL.