Battery and Intentional Torts
Battery is a crime in California, as well an intentional tort. A person who commits a battery may be charged with a crime and also be held liable in a civil lawsuit. Intentional acts of wrongdoing, like battery, may entitle the victim to damages intended to punish the defendant.
Battery is defined as the unlawful use of force by one person upon another. There must be physical contact between the perpetrator and the victim. It is not necessary that a substantial injury occur.
Bringing a civil suit for damages resulting from a battery can be different than bringing suit for Negligence. Unlike Negligence, battery is an intentional act. Recovering damages in a lawsuit for battery can be complicated because many insurance policies do not provide coverage for intentional acts. An attorney experienced in battery cases may be able to find an alternative way to collect damages for your injuries.
Injuries from a battery can certainly be severe, ranging from things like bruising and cuts to broken bones, loss of teeth, head injuries, back and neck injuries, scarring, and pain and suffering. Some injuries, both mental and physical, can last a lifetime and should be taken very seriously. Battery cases are subject to a Statutes Of Limitations which limits the amount of time you have to file a lawsuit. In order to protect your rights, you should immediately seek the advice of a qualified attorney.
If you or someone you love has been the victim of a battery, call The Scranton Law Firm for a free consultation with an attorney experienced in battery cases.
