Financial Recovery for Victims of Violent Crimes – Jackson Assault and Battery Injury Lawyer

Whether you are attacked in a bar, mugged at a poorly lit ATM or sexually assaulted in the common area of the apartment building where you live, the emotional and physical recovery from such an incident can be a grueling and arduous process.  Personal injury claims that arise from a physical attack or other form of assault and battery differ substantially from a negligence action against a careless driver.  The responsible party has committed what is referred to as an “intentional tort” by causing harm through intentional or reckless conduct.  In either situation, the party who causes injury might be subject to punitive damages on top of the compensatory damages available in lawsuits involving negligent conduct.

While the availability of punitive damages may increase the potential for recovery, this presumes that there is a viable way for the defendant to pay a judgment or settlement.  The party who commits an assault and battery may face criminal prosecution and incarceration.  Since it is unlikely that the assailant will have liability coverage for this type of incident, these types of cases often require identifying other responsible parties who do have insurance coverage.  A bank that fails to install cameras, adequate lighting and/or post a security guard in their parking lot in a crime infested area, for example, might be liable for inadequate security that facilitates a mugging.

Although the terms assault and battery often are used together, these are actually two distinct claims.  It is possible to commit an assault without committing a battery.  In most situations, a battery will include an assault while an assault can be considered an attempted battery.  In simple terms, an assault involves placing another person in apprehension or fear of offensive or harmful contact while a battery involves an incident where such contact actually happens.

It is important to understand that an assault or battery may be committed even if there was no intention by the perpetrator to cause injury.  Even if the person who commits that assault or battery was merely carrying out a prank, apprehension or fear by the victim will still constitute an assault or a battery if contact occurs.  Further, the offending party can still commit a battery even without personally making physical contact with the victim.  It is sufficient that the party committing the battery supply force to the object or person that actually made contact with the victim.

Seeking Maximum Compensation for Intentional Torts – William S. Kellum Attorney at Law

If you have been the victim of an assault or battery in Jackson or the surrounding areas of Mississippi, you may be entitled to compensation.  When we represent individuals in assault and battery lawsuits, we investigate so that we can identify all viable defendants.  Jackson assault and battery attorney William S. Kellum III represents clients in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your situation and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.