While many civil lawsuits result from some form of negligence, some are filed to hold a person accountable for the intentional harm they cause. Victims of assault might not know that they have the right to be compensated for their injuries.
If you are assaulted in Nashville, you can sue your attacker for the damages they cause. It does not matter if the perpetrator was charged with a crime for the assault. You still have a civil right to pursue damages in a lawsuit. Many people tend to combine “assault” and “battery,” but there are important distinctions that separate them. In any case, our attorneys can help you pursue damages after you’ve faced assault or battery.
Our Nashville lawyers for victims of assault are dedicated to helping assault victims hold the person that caused their trauma accountable. Contact Howe Law today at (844) 876-4357 for your free case review.
The Difference Between Assault and Battery in Nashville, Tennessee
There is a tendency for people to blend assault and battery when they have been physically hit or touched. In many cases, when there is a reference to assault, it also includes battery. This is likely because an assault usually comes before a battery. However, civil assault and battery have distinct elements that make them two different claims.
Some assault victims might also think only criminal charges can be filed against the perpetrator that injured them. Fortunately, victims can sue their attacker in civil court even if criminal charges are never filed. Our Nashville lawyers for victims of assault can help you understand the elements of the law and what rights you have moving forward.
Definition of Assault
The definition of civil assault differs from that of battery, meaning a victim can recover compensation even if they were not physically touched during an assault. Tennessee makes this confusing since assault and battery are combined terms in criminal law. However, the distinction between the two types of civil torts remains.
The main distinction is that victims do not need to be touched physically for an attacker to be liable for civil assault. In Tennessee, a person is liable for assault if they commit an intentional act that creates a reasonable apprehension of imminent physical harm in another person. Importantly, abusive and offensive words are not enough to constitute assault. There must also be some physical movement or conduct that would cause a person to reasonably believe they are in danger of immediate physical harm.
If your attacker was also charged with a crime, their assault might fall under T.C.A. § 39-13-102(a)(1) for aggravated assault. Under these statutes, a person can be held liable for aggravated assault if the perpetrator caused serious bodily injury or death, used or displayed a deadly weapon, strangulation, or attempted strangulation.
Definition of Battery
While an assault generally comes before a battery, they are separate civil torts. Battery is defined in Tennessee as an intentional act that causes harmful, offensive, or unpermitted bodily contact. Offensive contact is a legal term of art in this context and specifically refers to contact typically recognized by society as offensive to a reasonable person. Our Nashville lawyers for victims of assault can help you understand the differences between assault and battery and determine the claims you could file.
Parties That Can Be Held Liable for an Assault and Battery in Nashville, Tennessee
Other parties could be liable for your injuries after an assault besides your attacker. Many assaults and batteries take place in private businesses, like nightclubs and music venues. Suppose you were injured in an assault and battery because the venue failed to have adequate security to prevent the incident from happening. In that case, the business operator could be liable for negligently allowing the incident to occur.
Unfortunately, many other assaults occur in schools. Fights and other confrontations might break out if a school does not have adequate student supervision. If you were a victim of assault while on school grounds, the school could bear some responsibility for causing your injuries.
Many people who commit assault do not have the financial means to compensate a victim for their injuries. Your chances of recovering the compensation you are entitled to might be improved if your attorney can show that another party’s negligence created the conditions for the assault to occur. Our Nashville lawyers for victims of assault can help you determine whether a business owner, landlord, or school should be held accountable for your assault.
Recovering Compensation After an Assault and Battery in Nashville, Tennessee
Regardless of which type of attack happened to you, our Nashville lawyers for victims of assault can help you recover compensation. Proving assault and battery in civil court is slightly more difficult than proving a personal injury case based on negligence. In a negligence case, you must prove that the other person acted carelessly when they caused your injuries. However, it must be shown that a perpetrator intended to assault you and commit battery to recover damages.
Assault and battery are intentional torts in personal injury law, meaning the defendant meant to commit the acts they did. For assault, this means the other person intended to cause you apprehension of an imminent touching and had the means to accomplish it. For battery, a person only has to intend the conduct that causes a touching, not necessarily intend on making contact. For instance, if someone intended to punch a person but hit another by mistake, the attacker still intended the conduct but did not intend the consequences and can be held liable for an intentional battery. Our Nashville lawyers for victims of assault can review your case to determine if the elements of assault and battery are satisfied.
Our Nashville, Tennessee Lawyers for Victims of Assault Can Help
If you have been the victim of an assault, our Nashville lawyers for victims of assault can fight to get the justice you deserve. For a free case consultation, call Howe Law at (844) 876-4357.