Allow Personal Injury Lawyer In Whitby Clarify About Assault And Battery Charges
The mention of the words ‘assault’ and ‘battery’ are frequently hard in the personal injury cases involving intentional harmful actions of an individual. The injuring person is legally known as ‘defendant’ and the injured person is legally known as ‘plaintiff’. If you are the plaintiff with zero legal experience or knowledge, it will be hard for you to differentiate between the definitions of ‘assault’ and ‘battery’. These two words may be closely related, though, have distinctive definitions in legal terms. Only an experienced personal injury lawyer in Whitby is capable of making a correct assessment depending upon the circumstances involving your accident.
Definition of Assault
The legal definition of ‘assault’ differs from the literary definition of this word. The intentional act of the defendant might have made you scared of your personal safety. If the frightful action of the defendant did not cause you any actual harm, then this action will be regarded as the case of ‘assault’. The personal injury cases involving ‘assault’ generally includes three types of damages – nominal damages, compensatory damages and punitive damages. Your personal injury lawyer in Whitby will be able to determine the type of damages you are eligible for depending upon you situation.
Nominal Damages
You may have been able to prove the existence of ‘assault’ in the Court of Law. If you are incapable of proving the presence of any actual psychological harm, you will be awarded with nominal damages.
Compensatory Damages
The monetary compensations received through compensatory damages will pay for your medical expenses or the disabilities you have incurred after the accident. The compensatory damages are made of two different types of damages – general and special. The general damages will compensate you for the harms that will be expected from the wrongdoings of the defendant. It generally includes emotional pain and suffering. The special damages will compensate for your medical and therapeutic expenses. Your personal injury lawyer in Whitby may need the assistance of a medical expert in order to establish the existence of special damages.
Punitive Damages
These exemplary damages have been designed to deter the defendant from future malicious behaviors. The intentional harmful act of the defendant might have afflicted you with significant emotional trauma. In a situation like this, your personal injury lawyer in Whitby may help you acquire punitive damages in addition to the other damages.
Definition of Battery
The defendant might have intentionally caused you physical injuries along with psychological traumas. This intentional harmful action of the defendant will be regarded as the case of ‘battery’. Your personal injury lawyer in Whitby will not need to prove the motive behind the action of the defendant. He/she only needs to irrefutably connect the intentional harmful acts of the defendant to the physical injuries of yours. You will be eligible for compensatory damages and punitive damages in a personal injury case involving ‘battery’ charges. For more information visit Our Website