If Igot punched in the face which resulted in contusions and lacerations is that harassment or assault?
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If Igot punched in the face which resulted in contusions and lacerations is that harassment or assault?
Police officer told me that it was harassment and not assault.
Asked on September 7, 2011 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Being punched in the face is assault and battery. It is NOT harassment. Assault and battery are both civil (lawsuit) and criminal matters. The civil case proceeds separately from the criminal case.
Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.
Battery is the harmful or offensive touching of another without consent or legal privilege.
Your lawsuit against the person who hit you should have two separate causes of action (claims). One claim is for assault and the other is for battery.
Prior to filing a lawsuit, obtain your medical bills, medical reports and documentation of any wage loss when you complete your medical treatment and are released by the doctor. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bills. Your damages (the amount you are seeking to recover in your lawsuit) will include the medical bills, wage loss and compensation for pain and suffering. You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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