Assault / Battery: Injured
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Assault and Battery

Assault and Battery are not just areas of criminal law-they're also part of tort law. This means that you might be able to bring personal injury lawsuits if you've been the victim of assault or battery. Although quite similar, assault and battery have some subtle differences. Assault is an intentional threat or attempt to inflict injury on a person, whereas battery is the intentional touching of, or application of force to, the body of another person, in a harmful or offensive manner, and without consent.

The one major difference between assault or battery as a crime and as a tort lies in the burden of proof. In a criminal case, the jury would have to find the defendant guilty beyond a reasonable doubt. In a tort case, also called a civil case, the burden of proof is preponderance of evidence.


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It may be frustrating when police or prosecutors don't take action when someone has wronged you, but you have rights to recover in civil court.

Even if an investigation has cleared someone of criminal liability, you can still sue that person for the damages they're responsible for. Pop star Justin Bieber recently learned this the hard way after being slapped with a civil suit over an alleged hit-and-run in 2013, after police determined no crime had been committed.

Here are three common ways to sue for damage or injuries that may not rise to the level of criminal culpability:

When you find out that you've contracted a sexually transmitted disease (STD), your first thought may be how to get justice on the person you believe is responsible. In many cases, the person who infected you may be as clueless as you were about having an STD.

However, based on your state's laws and what your partner may have known, you may be able to sue him or her over an STD infection.

As the weather heats up, summer music festival season will soon be in full swing.

But besides being a great place to check out some music and have a good time, an all-day or multi-day concert is also, unfortunately, a great place to get injured.

If you do find yourself on the wrong end of a music festival mishap this summer, here are five legal tips to keep in mind:

Can you sue someone for beating you up? The answer is yes, but is it even worth your time to pursue a lawsuit?

Modern America isn't the Wild West or a Kung Fu movie. We live in a civil society where you have the right not to be beaten up by strangers, police, or even family members.

So here's how to go about suing if someone beats you up, along with a few factors you'll want to consider:

Deaf Man Sues Over Police Beating, Taser Use

A deaf man in California has filed a lawsuit against Hawthorne police after they allegedly used a Taser on him twice and beat him unconscious as a result of his inability to hear their orders.

Jonathan Meister claims officers misunderstood his attempts to communicate via sign language as aggressive hand signals, reports the Daily Breeze.

The lawsuit revolves around the police department's alleged lack of training and protocol to handle situations involving people who are deaf or hard of hearing.

A high school football player's parents are suing over their teenager's brain injuries, blaming his coaches for allegedly sanctioning a dangerous hazing ritual.

Head football coach Britton Devier and assistant coach Todd Bringman of Woodmore High School in Elmore, Ohio, are named in a suit brought by the parents of a 16-year-old student, The Associated Press reports. As a result of the alleged hazing, the teenager now suffers learning and memory problems, the lawsuit states.

Can some football practice horseplay be the source of a federal lawsuit?

Alleged Jaywalker, 84, Sues NYPD Over Beating

An 84-year-old Manhattan man is suing the NYPD for $5 million over an alleged jaywalking incident gone terribly awry.

Kang Chun Wong, who was suspected of jaywalking, was allegedly ambushed by a swarm of NYPD officers, knocked unconscious on the street, and handcuffed in a hospital emergency room, New York's WCBS-TV reports.

Wong is now suing the police department for $5 million over the gruesome arrest.

Can a Video Help Win Your Injury Lawsuit?

A number of video production companies create personal injury videos for use in legal proceedings, including litigation, mediation, and arbitration. But is it appropriate to turn to celluloid in a case?

Videos that show how an injury affects a plaintiff, or how an accident occurred, can be helpful to a decision-maker like a juror, judge, or arbitrator. However, such videos can also be challenged on a variety of grounds.

Here are some common types of videos used in personal injury cases, along with their pros and cons:

An Arizona grandpa received a $30,000 out-of-court settlement for his injuries after two local police slammed the man to the ground during a havoc-filled Black Friday arrest.

The city of Buckeye, Arizona, agreed to settle with Jerry Newman, 54, who was injured by less-than-gentle Buckeye police officers during a trip to the town's Walmart on Black Friday 2011, reports AZfamily.com. Newman also sued Walmart and reached a separate settlement that was not disclosed.

What claims against Walmart and the City of Buckeye did Newman have?

While sexual abuse is often the subject of criminal punishments, the emotional and psychological damage of child sexual abuse can also lead to a civil lawsuit against the abuser, assuming the time limit for filing a suit has not passed.

The insidious nature of child sex abuse often keeps victims from discovering the cause of their trauma for years after the incident -- sometimes, after the general statute of limitations has expired for a civil lawsuit.

To combat this problem, each state has developed different ways of dealing with time limits for child sex abuse lawsuits. Here are some of the more common methods: