Most individuals associate assault and battery with a criminal offense. While this is true, there are also civil remedies which can be pursued if you are injured due to an assault or battery. While the criminal justice system focuses on punishing the offender and seeking retribution for violating society’s laws, this does little to help the victim who is injured. The criminal justice system cannot award compensation to a victim who has suffered personal injuries or property damages as a result of assault or battery.
Our Belleville personal injury lawyers can help in this situation. We aggressively seek to recover for your damages from those individuals who are responsible for your injuries. Call Cates Mahoney, LLC today at 618-277-3644 to find out how we can help you after an assault or battery.
Forms of Assault and Battery
Although assault and battery are usually referred to together, they are distinct crimes.
- Assault can take many forms. The distinguishing factor in assault is that there is created, in the mind of the victim, a distinct fear or threat of immediate bodily injury with the well-founded belief that the assaulter can carry out this threat. Occasions of assault include being threatened with physical violence or violence with a weapon. There does not need to be any contact with the victim for an assault to occur. Words and actions are enough. If those words and actions cause the victim a well-founded fear that they will be injured in some way, the victim may be eligible for money damages resulting from his or her flight and/or severe mental or emotional trauma.
- Battery is the actual act of physical violence on another person. The distinguishing factor in a battery case is that there must be some unwanted and/or unconsented physical touching of the victim. A battery can actually occur without the victim being touched by the wrongdoer, however, contact of some kind must occur with something which the victim is holding, or the act must cause the victim to be injured in some way, i.e., pulling a chair out from under someone who is attempting to sit.
- Police brutality is another form of battery. Police officers are only allowed to use a reasonable amount of force necessary to effectuate an arrest or detainment. If an officer crosses that line, and causes bodily injury to an individual, that officer and his employers may be responsible for that injury. Our attorneys have recovered compensation for individuals who were injured after police officers forcibly removed them from their car without justification. Our attorneys have also handled cases where an individual was shot by police officers without justification.
- Sexual assault is also considered a form of battery. Many victims of these horrendous acts do not realize that they have another outlet for justice other than the criminal courts. A sexual assault can leave the victim emotionally scarred and abused for a lifetime. Our attorneys are committed to seeking justice for those victims. We recently handled a case involving a young women who was sexually assaulted at work by her manager. Our attorneys were dedicated to ensuring that the company was held responsible for its manager’s actions.
A Belleville Personal Injury Lawyer at Cates Mahoney, LLC Can Help You
If you were the victim of an assault or battery, you are likely feeling emotionally distraught in addition to your physical injuries. Common injuries suffered during an assault and battery, such as spinal cord injuries and traumatic brain injuries, can be serious. You may not be sure where to turn next. You don’t have to handle this situation alone. We can help you obtain compensation for your losses, including:
- Emotional distress
- Loss of quality of life or loss of normal life
- Medical expenses
- Pain and suffering
- Property damage
- Punitive damages
- Wage loss
If you or a friend or loved one has suffered damages as a result of an assault or battery, call our Belleville personal injury lawyers at 618-277-3644 today or contact us online to let us know how we can help you.