Yes. In Louisiana, if someone hits you -- commits an assault and battery -- you can sue the perpetrator for monetary damages. In legal terms, assault and battery are separate actions and both are types of "intentional torts." If you are the victim of assault and battery, under Louisiana assault laws, you can bring a civil lawsuit to recover compensation for any injuries and/or damage to property. In some cases, an assault and battery will be covered by insurance, and you are entitled to bring an insurance claim.
For assistance with a claim, the Louisiana personal injury attorney at the Law Offices of Philip B. Adams can help.
In assault and battery civil cases, an assault is the lesser of the two torts. Assault does not involve touching or hitting the victim. In a personal injury lawsuit in Louisiana, proving an assault means proving that the perpetrator committed an intentional act that was meant to create a "reasonable apprehension of imminent and harmful contact." The tort of "battery" is more severe since that tort involves proof of an intentional act that involves hurting or, at minimum, touching the victim. Being spit upon or having water thrown at a person are both examples of a battery. Of course, more serious batteries involve fists, blunt objects, sharp objects, and even bullets.
What types of compensation are available for civil assault and battery?
Since assault does not involve touching the victim, the types of compensation are generally limited to emotional and mental injuries. These include the intentional imposition of emotional distress and fear/anxiety of imminent harmful contact.
For a civil cause of action for intentional battery, injuries are often common, as are potential damage to personal property like clothing or other belongings. In intentional battery cases, victims are entitled to compensation for any and all damages, including compensation for:
In many cases, because the actions are intentional, it is possible to recover punitive damages to punish the wrongful behavior and to deter others from engaging in similar behavior. Attorney's fees are often recoverable too.
Who is legally liable for civil assault and battery?
Generally, the perpetrator is legally liable for damages flowing from an intentional assault and battery. But there are other possible parties that might be sued depending on the circumstances. Most probably think of assault and battery as something like being mugged or a bar fight. Those certainly are assaults and batteries, but in any type of circumstance where there is unlawful and unwanted touching, there is a potential for a civil assault and battery case. For example, if a store security guard unjustifiably pushes, shoves, hits, or "lays hands" on a customer, that might well be an unlawful battery. If that happened, then the store owner might be held legally liable, and maybe, even the property owner. Situations involving teachers and students are another common example. Unwanted sexual contact is also another category involving potential civil assault and battery.
Contact A Louisiana Civil Assault and Battery Attorney Today
For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana assault and battery situation, our Louisiana lawyers can help you recover the full compensation you are entitled to recover according to Louisiana law. To contact us, complete our "Contact Us" page here. We have the experience and legal knowledge that you need. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and for visiting our website.