In most personal injury claims, the accident occurred by accident. But what if it wasn’t an accident and the intention was to cause harm? This article will provide information on assault and battery claims which is sadly a very common type of personal injury in the UK.
What constitutes as assault?
An assault is an intentional act that hurts, or at least, touches someone in a harmful way.
No actual contact needs to have taken place for the incident to be considered assault.
The fear of imminent harm is enough in itself to be considered assault without the act taking place. In fact, if the contact does occur between the offender and the victim, this is where “battery” will most likely come in to play.
What constitutes as battery?
The definition of battery is the intention and harmful or offensive contact between the offender and the victim. Again it is important to note that no physical harm needs to have been done for the incident to come under the umbrella of battery. It’s the threat that counts.
The intentional torts of assault and battery often stem from one event, but that isn’t always the case. It’s possible for an assault to occur without battery – for example if the offender threatens to punch a victim by raising his fists but no actual contact is made by a punch being thrown or otherwise.
And battery can also take place without an assault. For example, if the offender pushes the victim from behind, that’s almost certainly a battery under personal injury law. But, if the victim never saw the offender coming and never felt any apprehension beforehand, an intentional tort of assault probably did not occur.
Making a claim for personal injury as a result of assault or battery
When it comes to making a claim for personal injury as the result of an incident where a victim was injured due to assault or battery, there are many different levels of compensation that can be won depending on the seriousness of the incident itself as well as the injuries caused. You should certainly contact an injury solicitor in Chapel-en-le-frith if this is the case.
When considering making a personal injury claim with an injury solicitor in Chapel-en-le-frith for assault or battery cases remember:
- You must have reported the incident to the police as soon as possible – remember to make a note of the crime number they will provide you with
- You must have sought medical attention – remember to keep receipts for any treatments prescribed that you had to pay for as you may be able to claim the expenses back as well
- The assault must have occurred within the last three years
- You must not have caused or contributed to the incident in any way
- Even if the offender was not prosecuted by the police, as long the incident was reported to the police you may still be able to make a claim
To get started call one of our advisors for free, no-obligation advice. We will guide you through every step of the claims process with sensitivity and professionalism, and can often handle claims entirely by telephone. This means it’s highly unlikely you’ll need to attend court, although a further medical assessment may be required to support your case.
To make a claim today, simply call our 24 hours advice line on 0800 180 4123, or fill out our short online claim form.