A Trusted Attorney for Personal Injury Claims in Las Vegas
In Las Vegas, many personal injury claims filed are the result of an accident, such as a slip or fall or a collision, but there are also situations where the harm was caused intentionally, as is the case with assault and battery.
In Nevada, if you become sick or injured due to the violent, intentional actions of another person, you could be entitled to compensation for pain, suffering, and damages that occurred as a result of those actions. Our experienced attorneys can help you to achieve the maximum settlement that you are entitled to.
Assault and Battery in Nevada
Assault and battery are terms that are often used interchangeably, but there is a distinct difference, and it’s important to understand how Nevada law interprets them to understand which of the two your situation falls under.
Assault occurs when someone intentionally puts another person in justifiable fear of immediate harm. The victim is not actually touched in an assault, but there is a fear that they could be at any moment.
For example, if someone threw an object at you or tried to slap you but missed, it is considered assault, as no physical contact was made, but there was intent to harm you. Other examples include someone holding a knife near your throat or pointing a non-lethal weapon at you.
Battery is defined as the intentional and unlawful touching of another person. Similar to assault, it requires that harm was caused intentionally, but what separates battery is that physical contact must be made. This can take many forms, including punching, stabbing, or biting, but it can also include indirect contact. For example, if you got sick from someone poisoning your food.
If you are the victim of assault or battery, you may be feeling overwhelmed and even nervous about pursuing legal action against the person who injured you. Bighorn Law is here with you every step of the way, helping you to receive the justice and maximum compensation you are entitled to.
Differences Between Assault and Battery
In Nevada, words alone do not qualify as assault. There must be intentional action taken to put the person in immediate danger. The state also requires that the person be aware of the threat, meaning that assault cannot occur when a person is sleeping, unconscious, or looking away.
Another key differentiator between assault and battery in the state of Nevada is that a victim of battery does not need to be aware of the threat or harm. If intentional and harmful physical contact is made with someone who is sleeping or unconscious, it still is considered battery.
The Importance of an Attorney for Assault
As no contact occurs in an assault, there are no physical injuries sustained from the incident. This can make assault cases more complicated than battery as there are many defenses commonly used in an attempt to minimize the threat or to argue that the action taken was not intentional.
A defendant can claim that they were acting in self-defense, that there was not an immediate threat or that they never truly intended to assault you. This is why it’s especially important to involve a personal injury attorney from the start. We have dealt with all these defenses and can help you build a strong case against them.
What Damages Can I Recover from Assault in Nevada?
If you or a loved one are the victims of assault or battery in Nevada, you may be eligible for financial compensation and are entitled to a case even if no criminal charges were filed as a result of the incident.
Depending on the extent of the injuries, compensation can be collected for the following and more:
- Pain and suffering
- Medical expenses
- Lost wages if you miss work
- Any other damages you suffer
Each case is unique, and the damages you can recover depend on your specific situation. While medical bills and lost work time can easily be calculated, pain and suffering can be more difficult to quantify, but our attorneys can assist you in determining what is owed to you.
Experienced Personal Injury Attorneys in Las Vegas
If you are the victim of assault or battery, you may be feeling overwhelmed and even nervous about pursuing legal action against the person who injured you. Bighorn Law is here with you every step of the way, helping you to receive the justice and compensation you are entitled to.
Our professional attorneys will give your case the attention and commitment it deserves. Call us today for a free, fair evaluation of your situation. We will listen to your story and help to determine if you have a case. From there, our experts will handle the complicated legal process, giving you time to focus on healing. Call our Las Vegas firm today at 702-935-6209.