The terms assault and battery are often used interchangeably. However, they are not the same thing. An assault is defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, in order to qualify as a valid assault, must be believed to be imminent and cause reasonable apprehension in the plaintiff. For example, if the defendant threatens to use force against the plaintiff, but is not present or capable of doing so, the plaintiff is unlikely to prevail on a claim of assault. A plaintiff may have difficulty proving an assault case where an individual threatens him or her over the phone and is not capable of immediately carrying out the threat. If the threat is imminent, however, and the defendant appears capable and intent on enacting the threat, the plaintiff will likely succeed in proving an assault occurred.

Battery is the intentional and unpermitted contact with another battery is the end product of an assault. However, a plaintiff in a battery claim does not need to prove an actual injury occurred, as long as the plaintiff proves unlawful and unpermitted contact with his or her person or property.

Personal Injury is the area of law that involves civil law cases designed to obtain compensation for injured persons. The main concerns in a personal injury case are negligence and liability. A personal injury attorney usually tries to negotiate with the opposing party, or their insurance company, but if necessary, and the attorney believes the injured client has a valid litigation, the case may go to trial.

What financial compensation am I entitled to in a personal injury claim?

Personal Injury victims are entitled to recover monetary damages for all losses and expenses they incur as a result of an accident. The damages may include:

• Medical bills
• Lost Wages (including overtime)
• Pain & Suffering
• Physical Disability
• Disfigurement
• Permanent Scars
• Emotional Trauma
• Mental Anguish
• Loss of Enjoyment
• Loss of Love & Affection
• Embarrassment
• Mental Disability
• Property Damage

What if the accident is partly my fault, do I still have a claim?

Even if an accident or injury was partially your fault, you still may have a claim based on the concept of Comparative Negligence or Contributory Negligence. The term "Contributory Negligence" is used to describe the actions of an injured person who may have contributed to their own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained. "Contributory Negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor.

The term "Comparative Negligence" means that the fault of all parties involved is compared, and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused.