Despite our best efforts, life is fraught with dangers, and even though we’d like to keep ourselves as safe as we can, the truth is that every once in a while, we fail. After all, an estimated 31 million Americans suffer from injuries that require medical treatment each year – and that’s a stunning 9% of the population.
To make matters worse, the injuries themselves aren’t the only downside – coupled with the physical and emotional damage you’ll have taken will be a loss in your ability to sustain your income and thus yourself, being forced to pay medical bills that could reach up to the thousands and that could potentially leave you bankrupt.
Thankfully, you can use the legal system of the United States to receive financial compensation. If you’ve been hearing the term “tort law” and “personal injury” all of your life and would like to educate yourself for a better future, then make sure to read on, as we’ve given you a quick run-through on the basics of civil claims.
Have you already been affected by harm? Get help from a personal injury attorney in Georgia today!
What Is Personal Injury?
Before addressing personal injuries, it’s important to describe the term under which they are classified, that being “tort law.” In short, “tort” defines a civil wrong that has caused the claimant of a given lawsuit to suffer through loss or harm. Thus, most claims that appear in civil court fall under tort law.
Personal injury, on the other hand, is a specific type of lawsuit governed by tort law in which a person or entity has dealt another person harm or injury. Suffering injury from another entity entitles you to push for a claim that could offer you financial compensation for the trouble you’ve been through. This is one of the most common types of lawsuits in the country.
Most personal injury lawsuits are accidents, such as from slip and falls, which tend to be very common. This means that most personal injury claims do not have a criminal element attached to them.
This can all change when you introduce assault and battery into the mix.
On Assault & Battery
When it comes to personal injury, assault and battery are considered to be intentional torts and can therefore be used as the foundation of a personal injury claim. Any action undertaken with malicious intent regardless of whether or not it hurts the victim (jokes included) can be classified as an assault, while the battery is defined by intentional and harmful contact with the victim.
Assault and battery tend to be related on account of the circumstances in which they typically arise, although assault can occur without battery and the other way around. To give an example, even a verbal threat can count as assault, even if it was never going to be followed through.
Pushing for an assault and battery lawsuit might not be the best of ideas depending on how much harm was done. If the harm was minimal, then a lawsuit would not be worth it, as the damage awards would be small.
Conversely, if the incident led to hospitalization and extensive medical fees, then pushing for a personal injury lawsuit would be one of the best plans of action the victim could undertake.
Not only is assault and battery considered an intentional tort, but it is also important to remember that in most states they are also considered crimes. Therefore, the aggressor is not only at risk of being sued for damages but also of being prosecuted by the government, such as through fines or imprisonment.
The Law, Your Shield
Make sure to know the law so that you understand what options you have at your disposal in case of a tragedy. If you or any of your loved ones have been affected by a personal injury, then we recommend contacting a talented legal team in order to offer you the advice you need to come out on top.
Author:
Sarah Douglas has been passionate about all things related to law ever since she picked up her mother’s gavel. Her in-depth knowledge of the legal field and previous work experience has given her a unique perspective on writing, which she considers a means to help and connect with others.
