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While most battery cases are handled in criminal courts, if prosecutors are unwilling or unable to bring a case, you may be able to sue someone in civil court for battery. Battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent. But a seemingly straightforward battery claim can be surprisingly complicated.
Here's a simple guide to battery lawsuits:
There are four main components to any battery claim:
In straightforward cases like bar fights, it can be easy to prove someone's intent -- he threw a punch and hit me in the face. Other cases, like in crowds, can be more difficult -- did she mean to knock me to the ground? So, too, can proving harm, especially if someone claims to have differing standards of offensive. Proving the other elements of contact and damages may be easier, but require certain evidence, like photos or video of the incident or bills for medical care or damaged property.
If you're thinking about filing a battery lawsuit, your first step should be to find the right personal injury attorney for you and consult her about your case.