Assault and Battery

Being physically attacked is a life changing event.  Whether by a stranger or someone you know the injury, pain, violation of personal space and complete disregard for the rules of the society we live in, can be devastating.

There a couple of key elements for any case involving a physical assault.
  • The first element is identifying the assailant. Often times the assailant is an individual with little to no assets or insurance coverage. Many times the inquiry stops there (see second element);
  • The second element is identifying anyone who may be associated with the assailant in any manner that enabled, facilitated or made the assault more likely. Examples of this type of person would be someone who drove the assailant to the location or someone who kept a lookout for the assailant to allow the assailant to accomplish their acts.
  • The third element is identifying where the conduct occurred and who was in control (or should have been in control) of the location of the incident. A common example of this is an assault in a nightclub. The club has a duty to ensure that each and every patron remains safe.
  • The fourth element is identifying any witnesses, both living witnesses and recording devices such as video/surveillance. It is surprising how many video cameras are operating in public these days. Identifying the presence of such a device shortly after such an incident is often the difference between a strong case and a case of “he said/she said”.

While there are many more elements to attend to in the successful prosecution of an Assault case, the above are items that need to be attended to immediately in order to increase the chances of success in proving liability.

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