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West Palm Beach Intentional Torts Lawyer | Assault and Battery Lawyer | Call 1-800-74-TRIAL

Intentional Torts : Assault and Battery

If you have recently been the victim of an assault or battery or both, you may think that your only recourse is in criminal court.  However, if you have an experienced West Palm Beach intentional torts attorney you may be able to commence a cause of action for damages for an action of assault and/or battery.  Assault and battery are two distinct intentional torts.  The term assault refers to an intentional unlawful threat of physical harm to another that creates in the victim a reasonable apprehension or fear of imminent harm.  The term battery refers to an intentional infliction of harmful or offensive contact on the person of another.  A cause of action for an assault or a battery does not necessarily give rise to the other.  However, in certain situations a defendant may be liable for both an assault and a battery.  For example, if a defendant commits a battery by intentionally and physically touching the plaintiff in a harmful or offensive manner and the plaintiff was fearful or substantially certain that injury was imminent, the defendant may also be liable for an assault.

To state a claim for civil assault, the element of intent does not necessarily involve a subjective desire to do harm or a hostile intent.  Rather, where a reasonable person would believe that a particular result was substantially certain to follow, intent will be legally implied and tort liability for assault may be imposed.  To state a claim for battery, a plaintiff must establish that the defendant acted intending to cause a harmful or offensive contact on the plaintiff or a third person, or an imminent apprehension of such a contact, and an offensive contact directly or indirectly resulted.  To state the intentional act as required for a cause of action for assault and battery, a West Palm Beach intentional torts lawyer must allege in the complaint that the defendant intended to create a well-founded fear of imminent harm, that the plaintiff had a well-founded fear of imminent harm, or that the defendant intended to hit the victim or someone else.

To ensure that you have the best chance at recovering damages for assault or battery or both actions, 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.

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