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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Stories of bullying in the school yard are in the news all too often. Just last month, a 12-year old boy with Asperger's syndrome was beaten so severely, he had to be hospitalized with a jawline fracture, fractured skull, and ear damage.

Often, victims' parents sue the school districts that failed to protect their students or the actual bullies. However, can parents of the bullies also be sued?

The word "assault" most likely brings to mind a criminal act. And while assault certainly can be charged as a criminal violation, it may also be the grounds for a lawsuit in civil court.

When it comes to proving an assault, there may be an even more pervasive misconception: that an assault requires some form of physical violence or contact. On the contrary, a person may be liable for assault even where no actual physical contact has taken place.

With that being said, what are the requirements for proving assault in civil court? Here's a general overview:

If you're injured while incarcerated in prison or jail, can you still sue for your injuries?

There are remedies in both state and federal courts for injuries incurred by inmates, but depending on the cause of the injury, you may be confined to certain legal avenues.

Consider the following ways in which an inmate can sue for injuries in jail or prison:

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn't mean you can't sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants' identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn't a fatal blow to a civil lawsuit.

So how can you still sue if you don't know who injured you?

Can you sue for being injured in a fight?

No matter how hard you may try to avoid it, there's always the chance that you may, at some point, be involved in a fight. And any time fists begin to fly, the odds that someone will be injured increase rapidly.

From black eyes to serious brain injuries, fights can lead to a whole host of injuries. But legally speaking, what can you do if you've suffered an injury from a physical confrontation? Here are a few points to consider:

The "Ice Bucket Challenge," ostensibly a way to raise awareness and funds for treatment of the disease ALS, has taken on a life of its own.

The challenge -- which involves having a bucket of ice-cold water poured over your head on video, then challenging others to do the same -- has been performed by celebrities, star athletes, and even former presidents, helping it become a viral sensation online. But as its popularity has increased, so too have the number of less-noble versions of the challenge, in which unsuspecting individuals are "challenged" with little or no notice, such as this video of "Top Gear" host Jeremy Clarkson getting surprised by a bucket of ice after being woken from a nap. While these surprise cold-water dousings may make great fodder for online videos, they may make also make great fodder for lawsuits.

What can go wrong if you drop a surprise ice bucket challenge on someone?

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: