Assault / Battery: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

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.


Recently in Assault / Battery Category

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:

Man Beaten by Security Guard Wins $58M

A California jury has awarded Antonio Lopez Chaj $58 million after a brutal beating by a security guard. The attack left him with injuries so severe that a portion of his skull and brain had to be removed.

With his left brain damaged and deformed, Chaj cannot speak, needs help to walk and needs 24-hour care as a result of the beating that happened three years ago in a Los Angeles-area bar, his attorneys say.

After hearing evidence about the horrific April 2010 beating, a jury in Torrance awarded the 43-year-old immigrant house painter the staggering award in economic and medical losses.

Hiring an Injury Lawyer? 5 Questions to Ask

Hiring the right personal injury lawyer is crucial, and there are many questions that you may have swirling in your head. That's not just from getting knocked down by that bicyclist, either.

Whether we like it or not, injuries are often unpreventable, as run-of-the-mill accidents happen all the time. But other types of injuries -- including intentional torts and economic injuries -- often are preventable, and may leave you aching for justice.

Luckily, with the right attorney, you can have your injury matter resolved as painlessly and as quickly as possible. Here are five questions you'll want to consider asking when hiring an injury lawyer:

Juneteenth Shooting: Boy Injured, Teen Arrested

In connection to a Juneteenth shooting, police in Ohio have charged a 15-year-old boy with felonious assault, reports The Columbus Dispatch.

The shooting, which occurred Saturday at the Juneteenth Festival at Franklin Park in Columbus, injured an 11-year-old boy.

Lovauntea J. Mickens is accused of firing a stray gunshot that hit the boy in the leg.

Preschoolers With Special Needs Abused, Lawsuits Claim

The mother of a preschooler with special needs alleges her 3-year-old child was abused by teachers, and has filed a lawsuit in response.

It's the third such lawsuit against Livonia Public Schools, a district outside Detroit. Two other lawsuits, filed last month, allege that three other children with special needs in the same class were also abused.

Especially disturbing, the suits claim that staff members knew about the abuse but didn't do much to stop it, reports the Observer and Eccentric. To combat the growing concern of children with special needs being abused by teachers and staff members, the suit is calling for a different kind of remedy.