If someone hit me, can I sue them? What is a Civil Battery?
I another chapter we explored the concept of a civil assault. Personal injury attorneys in Baltimore are aware that if the assault [the threat or attempt to hit someone] is actually successful, a new action may be brought: battery.
A battery is a non-consensual, offensive, physical touching of another.
A frequent theme, and defense in battery cases, is the presence of consent. Attorney Eric T. Kirk will tell you. If one voluntarily chooses to engage in mutual combat with another, it can certainly be argued that the individual agreed to some level of physical contact. One does not have to personally touch the other. A battery may be committed by, e.g. throwing something that hits another, and causes them harm or indignation. Assault is a closely related cause of action, and these types of cases are often brought together. Here is the key difference. While one has only one year to file for a civil assault, the statue of limitations is three years for battery.
I’ve prosecuted civil assault and battery cases. I extend a no cost case evaluation to all my personal injury clients. Contact me today to set a convenient time to meet.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
