California Civil Assault and Battery Cases
California Assault and battery cases are intentional torts. What this means is that the person doing the assault or battery has done it intentionally to you.
Because they are intentional acts, you can recover not only special and general damages, but you can also recover punitive damages in such cases.
Punitive damages which are also known as exemplary damages are meant to punish the person who committed the act, and can far exceed your other damages.
However, these types of cases are ordinarily not covered by insurance.
There is an exception for assault and battery committed by employees of companies. The company is usually responsible for the acts of its employee’s, even assault and battery. so long as it is committed by employees during the course and scope of their employment.
Assault is defined as an intentional act which creates an imminent apprehension of a harmful or offensive contact on the part of the victim.
The apprehension must be reasonable.
What this means in layman terms is that of someone for instance raises their arm as though they were going to hit you, and you feel like you’re about to be hit, and your belief is reasonable, you’re the victim of an assault, and are entitled to legal compensation for being assaulted.
Battery is defined as an intentional act which causes a harmful or offensive contact.
What this means in layman’s terms is that if someone for instance it hits you, or grabs you, you are the victim of a battery, and are entitled to legal compensation for being battered.
Remember, battery is not just being hit; it is a harmful or offensive contact. So battery can include not only being hit, but it can also include: rape, someone intentionally striking your car with the intent to scare you, someone grabbing your buttocks, or other contacts of this nature.
If you have been assaulted or battered, it is critical that you call the police immediately and report the incident.
If you are injured, we recommend as always that you seek medical attention as soon as possible.
We then recommend that you call us at (800) 816-1529, Ext. 1, so that we can evaluate your case.