If you have lost a family member or suffered injuries as a result of another person's negligence or misconduct, working with an attorney who has exemplary legal skills can help you to achieve the favorable verdict or settlement to which you are entitled. To find out how our firm can work with you to address your immediate needs, contact us to schedule a consultation and case evaluation with an experienced personal injury attorney.
You Are Not Alone in Handling Your Personal Injury Case
Personal injury cases are any type of legal case when an individual or entity is held liable for injuring another person. This usually takes the form of the liable party having to pay for medical and other expenses, lost wages and sometimes additional money for affecting the injured party's quality of life. Unfortunately, these cases are quite common, and it is the reason we want to help you or your family member through such a trying time and ensure your rights are represented.
If you have been involved in a personal injury accident or a motor vehicle accident, contact the Law Offices of Steven Brian Davis. We know your rights in California and know insurance company settlement tactics.
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Every Case is Unique
Residents, families and businesses in Rancho Bernardo have relied on the experience of lawyer Steven Brian Davis for personalized guidance, insight and strong representation that gets results in the event of a personal injury.
Assist in Your Recovery
As a personal injury attorney with 30 years experience, we handle all injury types, from serious accidents to toxic chemical injuries. Sometimes an injury can progressively get worse as days pass. Call the Law Offices of Steven Brian Davis today at 858-207-3340 or contact us by e-mail us using the contact us form.
Assault and Battery
In civil court, assault and battery are intentional torts, and can be the basis of a personal injury lawsuit against the person who commits them. Assault and battery are different from other personal injury claims in that the person accused of assault or battery must have acted with the intent to cause a certain result — either fear in the victim or physical contact to the victim's person. It is important if you or a loved one has been the victim of an assault or battery that you contact a knowledgeable, skilled personal injury attorney at Law Offices of Steven Brian Davis in San Diego, California, to discuss your legal options.
Assault and Battery
While the torts of assault and battery are similar and can go together in one lawsuit, it is important to note that they are actually two separate claims. A defendant can commit an assault without a battery, and vice versa. However, a battery usually includes an assault, and an assault can be characterized as an attempted or uncompleted battery. In general terms, an assault occurs when a person is placed in apprehension or fear of a harmful or offensive contact, and a battery occurs when that harmful or offensive contact actually occurs.
It is important to note that a battery plaintiff does not have to show that the defendant meant to cause physical injuries through the harmful or offensive contact. This means that even in a situation where the defendant was playing a practical joke and meant to scare the plaintiff, he or she can still be liable for battery as long as harmful or offensive contact resulted. What's more, the defendant himself or herself does not have to come into contact with the plaintiff in order to have committed a battery, nor does the contact need to be applied directly to the plaintiff, as long as the defendant supplied the force that caused or resulted in contact with plaintiff.
Damages in Assault and Battery Cases
Damages in assault and/or battery cases may be compensatory or punitive. Compensatory damages are intended to compensate you for the losses you suffered as a result of defendant's conduct. They may include your medical expenses and lost income, damages for pain and suffering, and loss of your future earning capacity. Punitive damages are intended to punish the defendant and to deter others from engaging in similar behavior. The availability of punitive damages may differ from state to state, but, when available, punitive damages typically require proof that the defendant acted with "malice" (out of hatred or ill will) and set out to deliberately injure the victim.
Contact a Personal Injury Lawyer
If you or a loved one was injured as a result of an assault and/or battery, it is important that you speak with an attorney to ensure that your legal rights are protected. Contact Law Offices of Steven Brian Davis in San Diego, California, to schedule a consultation with an experienced personal injury attorney to learn about your legal rights and options.
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