Assault and Battery: Defining the Legal Terms

If you or a family member are suffering from injuries related to an assault or battery, hiring an attorney may increase the chances of a successful recovery. Most victims are unaware that they can sue perpetrators in Utah’s civil court to gain compensation for monetary losses, pain, and suffering. If an event happens in public, they may be able to sue the property owner for failing to provide safe accommodations.

When an assault or battery occurs, a personal injury lawyer provo may help a victim recover fair compensation for their injuries. Attorneys help victims after:

  • Assault
  • Battery
  • Domestic violence

In this guide, we will define assault and battery while explaining how Provo’s injury attorneys can help clients recover.

What is Assault and Battery?

Assault is an unlawful threat of or attempt at bodily harm, whether it stems from negligence or intentional behavior. Battery, however, is the threat of or attempt at violence combined with unlawful physical contact leading to injury. A perpetrator may be found guilty of assault if they:

  • Intended to participate in contact that would cause harm.
  • Put the victim in fear of bodily harm.

Simply put, a person can be found responsible for assault in the absence of physical contact. Likewise, a verbal threat can be regarded as an assault.

Criminal and Civil Standards of Proof

The standard of proof a case must meet depends on whether it’s tried in civil or criminal court. For a person to be convicted in Utah’s criminal court, they must be found guilty beyond a reasonable doubt—and in a jury trial, all jurors must agree on a verdict. The burden of proof is lower in civil suits. For a person to be found civilly responsible, there must be a preponderance of evidence.

Coercive and violent crimes are often tried in criminal or civil courts, including cases of molestation, shootings, domestic violence, and more. Such incidents may leave victims emotionally and physically scarred, which entitles them to seek fair and full compensation for their losses, including medical bills, lost earning potential, lost wages, surgery, pain, suffering, and much more.

What Kind of Damages Can a Victim Recover?

If you have been injured because of someone else’s negligent or intentional actions, recovery options are available.

  • Economic damages: Current and future medical bills, lost income, and lost earning potential are measurable and recoverable.
  • Non-economic damages: By comparison, non-economic damages are not measurable, but they are recoverable. Pain, suffering, and mental anguish are hard to quantify, but these calculations are crucial.
  • Punitive damages: This form of recovery is a way to punish a defendant for their intentional or negligent behavior.

Assault and battery victims are allowed to demand compensation from at-fault parties. With help from a local attorney, you’re more likely to get what you deserve.

Representing Victims of Violent Crime

Utah’s assault and battery attorneys don’t just represent victims of violent crime. In some cases, they represent surviving relatives who are forced to cope with the pain and grief of losing someone to a violent act or a wrongful death. Whether you’re a victim or a family member, a local attorney can provide the legal counsel and advice to recover successfully.

Standing Up for Victims and Families

Personal injury attorneys know that no amount of money can replace a lost family member, but having the resources to seek medical and psychological care while providing for survivors can make a difference. With help from a local attorney, victims and families can get maximum compensation for personal injury claims related to assault and battery.

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