Personal injury cases involving “intentional torts” such as assault may face civil prosecution as well as criminal prosecution.
In personal injury law, assault is the tort of acting intentionally. The harmful act can be carried out with either general or specific intent. Because assault involves intent, it is known as an “intentional tort” opposed to a tort of negligence.
Battery is also an intentional tort where a person voluntarily commits a harmful or offensive contact with a person. Unlike assault, battery involves an actual contact.
Acts of assault or battery can occur in many different situations such as an altercation with a person at a bar, at a shopping mall, a driver in a traffic incident and many others.
Most people think of Battery / Assault as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case.
The aspects of the intentional torts of battery and assault are in general the same as the crime of battery and assault, but the required intent is different and the burden of proof needed to prove guilt is usually lower in a personal injury case.
If you have been injured by the intentional actions of another, you may be entitled to compensation including compensation for your loss of wages, pain and suffering, out of pocket expenses and costs for future care.