Taking Personal Injury Action For Battery

17 May 2023
 Categories: , Blog


Battery is a legal term used to describe a type of intentional tort or civil wrong that involves harmful or offensive contact with another person without their consent. In the context of personal injury law, battery refers to the physical harm caused to an individual by the intentional act of another person.

The Legal Elements of Battery

If you want to sue someone who you believe battered you, you must have a solid legal case. To establish a claim of battery, certain elements must be proven:

  1. Intent: Battery requires that the person causing harm intends to make physical contact with the victim. Intent does not necessarily imply a desire to cause injury, but rather the deliberate action that results in the contact.
  2. Harmful or Offensive Contact: Battery encompasses both harmful and offensive contact. Harmful contact refers to physical injury or damage caused to the victim, such as a punch or kick. Offensive contact refers to actions that are offensive or inappropriate, regardless of whether physical harm is inflicted, such as unwelcome sexual touching.
  3. Lack of Consent: Battery occurs when contact is made without the victim's consent. If the victim voluntarily and willingly consents to the contact, it may negate the claim of battery.

Damages and Compensation

A successful battery claim allows the victim to seek compensation for the damages suffered. Damages may include medical expenses, pain and suffering, emotional distress, loss of income or earning capacity, and other related losses. The extent of the damages will depend on the severity of the injuries and the impact they have on the victim's life.

Self-Defense and Consent

Self-defense is a common defense used in battery cases. If the person causing the contact reasonably believed that they were in immediate danger of harm and used a reasonable amount of force to protect themselves, it can serve as a defense against a battery claim. Additionally, consent is a defense if the victim willingly participated in a potentially harmful activity or explicitly gave permission for the contact.

Criminal vs. Civil Actions

Battery can involve both criminal charges and civil actions. Criminal charges are brought by the state or prosecuting authorities and can result in penalties such as fines or imprisonment. In contrast, a civil action for battery is pursued by the victim seeking compensation for the harm suffered.

Battery as a personal injury action refers to intentional harmful or offensive physical contact with another person without their consent. To establish a claim of battery, the elements must be proven. Successful battery claims can lead to compensation for the victim's damages.

Speak to a personal injury lawyer to find out more.