Filing a lawsuit for Assault and Battery, Personal Injury

Filing a lawsuit for Assault and Battery, Personal Injury

When you see the term “personal injury”, what probably comes to mind are lawsuits that have been filed as a result of injuries that have been sustained in some type of accident — vehicular accidents, slip and falls, or a job-related injury. In these types of cases, the action that resulted in the injury was unintentional.

However, there are personal injury cases in which the injury or harm was intentional. These types of cases are referred to as “assault” and “battery”. The victim brings legal action against the offender in order to seek compensation in the form of damages for injuries that were sustained as a result of the incident in question which may include monetary awards for hospital bills, long-term care, if needed, as well as pain and suffering.

“Assault” is defined as an intentional act on the part of a person ( the defendant) that causes another (the plaintiff) to fear an immediate harmful or offensive contact. “Battery”, on the other hand, is defined as an intentional act on the part of a person ( the defendant) that actually causes offensive or harmful contact with another (the plaintiff).

The process

If you are considering filing a lawsuit for assault and/or battery, you need to be absolutely confident in the abilities of your attorney. Rapid City attorneys Gregory Yates and Michael Shubeck have been successfully fighting personal injury cases on behalf of injured victims and their families, and between them, have recovered millions of dollars in personal injury settlements, awards, and jury verdicts. Both Mr. Yates and Mr. Shubeck are experts in the current laws of South Dakota, and are considered to be two of the best personal injury attorneys in the state.

When filing a lawsuit for an assault and/or battery case, there are 2 main elements that you need to be able to prove in order to recover damages:

  • there was an intentional action on the part of the defendant which was meant to cause fear of possible harm
  • this action actually created reasonable fear/apprehension of imminent harm on the part of the plaintiff

If you or a loved one have been injured in the State of South Dakota, whether the injury resulted from an accident or negligence or was the result of an intentional act or wrongful conduct on the part of another party, you can sue for economic damages which include medical and hospital bills, the costs associated with property repair and/or replacement, and long-term continuing care. Non-economic damages include those awarded for pain and suffering.

Hiring an attorney in South Dakota

At Rapid City Lawyers, we offer personalized advice and counsel, bringing all of our legal resources to bear in order to achieve the best possible outcome for you and your family. If you or a loved one have been a victim of an assault and/or battery, contact our Rapid City law office to schedule an initial consultation with Mr. Yates or Mr. Shubeck and get the legal advice you need.