If you have lost a family member or suffered injuries as a result of another person's negligence or misconduct, you could be legally entitled to compensation for your loss. To learn more about your right to damages, contact our firm to schedule a consultation with an experienced personal injury attorney for straightforward solutions that will work for you.
Learn More Information About Our Personal Injury Practice
If you have been involved in an accident and suffered a serious injury, you need to speak with a qualified and experienced personal injury lawyer. Getting appropriate medical treatment for your injuries is important to prevent long-term consequences and our attorneys can help you pursue the compensation that you need to see you through the recovery process.
At the law firm of Cada, Froscheiser, Cada & Hoffman, in Lincoln, Nebraska, we can give you advice about your rights under the law. Whether you decide to pursue a claim or not, you should know what your options are and how an attorney may be able to help you after an accident. Contact our firm to schedule an appointment for a free initial consultation.
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Be careful talking with the insurance company's claims adjuster. Claims adjusters are highly trained at protecting the interests of their companies and will attempt to mitigate damages in order to keep costs down. Contact us and we will deal with the insurance company for you.
After an accident in which you are injured, you are entitled to receive full compensation for your injuries. This includes payment for medical bills, lost wages, pain and suffering and other expenses related to the accident, including emotional distress.
Assault and Battery
In civil court, assault and battery are intentional torts, and can be the basis of a personal injury lawsuit against the person who commits them. Assault and battery are different from other personal injury claims in that the person accused of assault or battery must have acted with the intent to cause a certain result — either fear in the victim or physical contact to the victim's person. It is important if you or a loved one has been the victim of an assault or battery that you contact a knowledgeable, skilled personal injury attorney at Cada, Froscheiser, Cada & Hoffman in Lincoln, Nebraska, to discuss your legal options.
Assault and Battery
While the torts of assault and battery are similar and can go together in one lawsuit, it is important to note that they are actually two separate claims. A defendant can commit an assault without a battery, and vice versa. However, a battery usually includes an assault, and an assault can be characterized as an attempted or uncompleted battery. In general terms, an assault occurs when a person is placed in apprehension or fear of a harmful or offensive contact, and a battery occurs when that harmful or offensive contact actually occurs.
It is important to note that a battery plaintiff does not have to show that the defendant meant to cause physical injuries through the harmful or offensive contact. This means that even in a situation where the defendant was playing a practical joke and meant to scare the plaintiff, he or she can still be liable for battery as long as harmful or offensive contact resulted. What's more, the defendant himself or herself does not have to come into contact with the plaintiff in order to have committed a battery, nor does the contact need to be applied directly to the plaintiff, as long as the defendant supplied the force that caused or resulted in contact with plaintiff.
Damages in Assault and Battery Cases
Damages in assault and/or battery cases may be compensatory or punitive. Compensatory damages are intended to compensate you for the losses you suffered as a result of defendant's conduct. They may include your medical expenses and lost income, damages for pain and suffering, and loss of your future earning capacity. Punitive damages are intended to punish the defendant and to deter others from engaging in similar behavior. The availability of punitive damages may differ from state to state, but, when available, punitive damages typically require proof that the defendant acted with "malice" (out of hatred or ill will) and set out to deliberately injure the victim.
Contact a Personal Injury Lawyer
If you or a loved one was injured as a result of an assault and/or battery, it is important that you speak with an attorney to ensure that your legal rights are protected. Contact Cada, Froscheiser, Cada & Hoffman in Lincoln, Nebraska, to schedule a consultation with an experienced personal injury attorney to learn about your legal rights and options.
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