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David Matheny, Esq.

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Civil Claim For Assault & Battery In Las Vegas

Las Vegas Assault And Battery Claims Defined

A battery occurs when one person makes physical contact with another person without that person's consent. A battery can consist of hitting, pushing, striking with an object, spitting many other forms of nonconsensual physical contact. An assault is an attempted battery which puts a person in fear of being battered. If a person takes a swing at you in order to give you a scare, that person has commited an assault. If the person actually hits you, that person has committed a battery. Assault & Battery often go together because it is common for a person to threaten to strike another person (assault) before actually striking that person (battery).

Civil And Criminal Assault & Battery Proceedings In Las Vegas

Assault & Battery claims are distinct because there are sometimes two parallel proceedings: (1) A criminal charge against the attacker; and, (2) A civil lawsuit against the attacker and/or the employer of the attacker. In a criminal case for Assault and Battery, the district attorney will prosecute the person who committed an assault and battery against the victim. The attacker will need a Las Vegas Criminal Defense Lawyer instead of a Las Vegas Personal Injury Attorney. On the other hand, in a civil lawsuit for Assault and Battery, A Las Vegas Injury Lawyer could file a complaint for damages to compensate the victim for any injuries inflicted by the person who committed the assault and battery. This means that there are often two cases going on at the same time. It is usually better if the criminal case finishes first with a verdict against the attacker, because that verdict can be used to prove fault in the civil case.

Proving An Assault & Battery Claim In Las Vegas

In order to prove a Las Vegas assault claim, you need to show that there was an "imminent" threat of actual physical harm. If someone says they will hit you next week, the threat is not immediate and certain to occur, so the imminent harm element of a Las Vegas assault claim is not satisfied. Also, your fear of a physical assault must be "reasonable." This means that the person had the ability to carry out the threat. So, if someone pulls out a toy pistol and you know it is only a toy gun, you would not have a viable claim for assault. In a Las Vegas battery claim, you need to show that the physical contact was "intentional." This means that the other person meant to hit you.

Getting Compensated For Assault & Battery In Las Vegas

Getting compensated depends on proving the elements of the assault and battery claims, which includes the factors discussed above. Once you can prove the assault and battery claims, the next question hinges on whether the attacker has sufficient assets to justify filing a lawsuit. In some cases, the attacker's employer might be held liable for the misconduct of an employee. In other cases, a business may be held responsible for negligent security if you were attacked on the premises of the business. Also, an attack by a police officer could give you an additional federal claim for the violation of your civil rights if you were wrongfully attacked by a civil servant under the color of law. Sometimes, the attacker has no assets and there is no other party to hold liable for the assault and battery you suffered in Las Vegas, Nevada. This is why it is important to contact a Las Vegas Injury Lawyer to evaluate your claim to be compensated for any injuries you sustained as a result of an assault and battery in Las Vegas. A Las Vegas Attorney may be able to settle your assault and battery case without a civil trial. If your case does not settle, a Las Vegas Injury Lawyer can file a lawsuit for damages on your behalf to obtain a jury award to compensate you for pain and suffering, medical expenses, loss of income, and sometimes punitive damages.

Contact David Matheny, Esq. for a free consultation.

(702) 388-1229

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