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Assault and Battery

Two common types of personal injury torts are assault and battery. Battery is often confused with assault, and the two terms are often perceived as one claim. In actuality, they are two separate legal claims. An assault is an act that creates a reasonable apprehension of an imminent battery, while a battery is the intentional and unpermitted physical contact with another. Often, claims for both assault and battery are filed that stem from the same incident. However, even though the torts often occur together, it is important to understand that they are separate and distinct legal claims.

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What Should I do if I'm in a Car Accident?

If you are in a car accident, there are some things you can do to protect yourself against any lawsuits that may arise from the incident. First, make sure you, and anyone else involved in the accident, is safe and call for medical assistance if needed. If you cannot get out of your car, wait for assistance to do so. If you can get out of your car, it is important to stay with your vehicle. This may be a safety issue, depending on the situation you are in, whether the area is dangerous or there is heavy traffic or other dangerous materials around you. Additionally, do not leave the scene of the accident before the police arrive or before exchanging information with the other person (or persons) involved in a minor accident. If you leave and someone was injured or killed you may be charged with criminal "hit and run" penalties.

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Case Summaries

Frequently Asked Questions

Does the average member of the public have any privacy rights?

Can a person recover damages for injuries sustained on someone else's property?

Is an owner of property liable for using deadly force to defend their property?

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