Personal Injury Claims and Lawsuits

Apr 29, 2014 by

Personal injury claims are a constant type of litigation inside the United States courts. Humans are imperfect after all, therefore negligence and recklessness often result to personal injury and lawsuits that are ever piling up on court dockets. There different types of personal injury claims, some not as heavy as the others. Among the most common are car accidents and work-related injuries, but among the more serious types is assault and battery.

Compared to accident-caused personal injuries, assault and battery are lawsuits that are intentional. Intentional tort claims are made in order for the victim to seek compensation for the injuries along with other damages the resulted from the attack and it is only processed in a civil court. Because assault and battery are considered a criminal act that can also be filed in a criminal court for punitive damages, it would be best to consult a lawyer before going to court with this type of personal injury claim.

Going to court for a personal injury claim is a difficult and complicated decision. On it’s website, a Wyoming personal injury law firm says that while going to court can result in more money for the victim, it is also incredibly costly. Many personal injury cases are settled outside of court, saving much time and money. However, this requires both sides to agree to the terms of the settlement, which by design will be less favorable to the injured party. This is because the party responsible for the injury is more likely to benefit from not having to go to court.

When a person has been a victim of assault or battery, the law firm Habush Habush & Rottier S.C. advises that the first thing to do when a person is injured is to seek immediate medical help. This would aid in faster recovery time and lesser complications. Seeking immediate medical assistance would also help in documenting the incident, and the medical records and receipts will be used as evidence of the incident and as basis for the compensation that will be awarded. It is after getting medical treatment that legal assistance should be considered. Consulting a legal advisor could assist in understanding your rights and how you can protect them, along with computing the total compensation for all the damages done by the attack.

It is very important to talk with a lawyer regarding assault and battery cases because civil cases such as these have a wide spectrum of severity. There are cases that are not always worth the trouble, while there are those that even call for criminal charges to be pursued. Although definitions of assault and battery differ from state to state, anything that pertains to physical acts of violence done by one person to another can be defined as assault and battery. This intentional tort can be put in both civil and criminal courts punishable by fines, jail time, or even both.

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