Clicky

Personal Injury Claims for Assault

by David Peel on December 4, 2013

Personal Injury Claims for AssaultSometimes a lawsuit may be brought against a defendant for assault. For assault situations, a person may bring a cause of action against a defendant for a threat that was made. This means that there does not always have to be actual contact or actual touching between the two parties.

An assault is an intentional creation of reasonable apprehension of an imminent or harmful contact. This means that the person bringing the cause of action needs to have expected he was about to be harmed in some way.

The person needs to be aware of the threat in order for there to be reasonable apprehension. If a defendant points a gun at a person’s face, for example, and threatens to shoot him, the person has reasonable apprehension. This is an assault because the reasonable person in the same situation would be afraid that the defendant would pull the trigger, causing injury.

If, for example, a defendant points a gun at a person who is turned away and does not know about it, there is no reasonable apprehension. A person can only be scared of injury if he knows about the threat. If a person’s back is turned and the defendant never says anything, there is no way that the person knew he should have been concerned. Finding out about the threat later does not allow a person to bring a cause of action for assault. The person must have had a reasonable apprehension of imminent or harmful contact when the threat is present.

It is important to know that damages can be awarded to a person even if he did not suffer actual injuries from the assault.

If you or someone you know is interested in more information on assault, please contact Mr. Peel through his website PeelLawFirm.com. Mr. Peel is very involved in the Christian community. He is often asked to address various groups. He specialized in personal injury and practices in Millington and West Tennessee.

Previous post:

Next post: