Smith + Schwartzstein
Located In Morristown, NJ and New York, NY
973-532-2962

Assault and battery personal injury claims

As technology has improved, so has the ability to apprehend criminals and prove injury claims. Just as a dashboard camera can point to an at-fault driver in an automobile accident, an ATM camera may identify the culprit behind an assault and battery incident that leaves a victim with severe injury.

Defining assault and battery

Assault occurs when one person threatens bodily harm to another, causing the victim to reasonably assume they will be hurt. Assault charges are usually coupled with the actual act of inflicting bodily harm, which falls under battery charges. However, if a victim did not realize they were in danger of being harmed, battery charges alone may result.

Unprovoked violence that does not occur between individuals with a domestic relationship is usually a result of a crime, such as theft at an ATM or a pharmaceutical store. The criminals behind these events can usually be tracked and prosecuted gathering information from the scene, such as facial features, vehicle license plate, similar instances for those with criminal records, camera footage, DNA evidence, witness testimonies and more.

Filing a personal injury claim

If you have been severely injured in an assault and battery attack, a lawsuit for your pain and suffering may bring you the compensation you need to cover treatment for the physical and emotional distress you experienced.

In New Jersey, the victim seeking damages for pain and suffering must not hold more than half of the responsibility for causing the incident to happen in order to recover damages. The amount of fault that the victim is attributed with for causing the accident would be subtracted from the damages he or she receives.

Damage amounts are determined by a number of factors, including the extent of the injury, how the injury has impacted the victim’s work and home life and the permanence of the injury.

If you are suffering severe pain because of another party’s actions, talk to a personal injury lawyer about your situation. A skilled attorney can help you seek justice for the trauma you’ve been put through.

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