In Maryland, assault and battery are often considered interchangeable terms. However, they are two separate legal concepts with different consequences. If you have been a victim of assault or battery, it is important to understand the legal implications and how Maryland personal injury laws apply to your case.
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Assault vs. Battery
Assault refers to the threat or the act of attempting to injure someone. Battery, on the other hand, involves actual physical contact that results in injury. In Maryland, both can be considered criminal offenses, and victims may also pursue civil lawsuits for damages.
It is important to note that assault and battery do not always involve physical harm. Threats, intimidation, and other forms of emotional distress can also qualify as assault or battery under the law.
Personal Injury Claims for Assault and Battery
If you have been a victim of assault or battery, you may be able to file a personal injury claim to recover damages. In Maryland, personal injury claims must be filed within three years of the incident. Victims can sue for compensatory damages, which cover medical expenses, lost wages, and pain and suffering.
If the assault or battery was particularly egregious, the victim may also be able to sue for punitive damages. These damages are awarded to punish the defendant and deter future misconduct.
Criminal vs. Civil Cases
Assault and battery can result in both criminal and civil cases. Criminal cases are brought by the state, and individuals found guilty of assault or battery can face fines, community service, and even jail time.
Civil cases, on the other hand, are initiated by the victim and do not involve criminal charges. These cases allow victims to pursue compensation for damages, but do not result in a criminal record for the defendant.
Proving Fault and Liability
To successfully pursue a personal injury claim for assault or battery, the victim must prove that the defendant was at fault. This requires showing that the defendant had a duty of care to the victim, that they breached that duty, and that the breach directly caused the victim’s injuries.
In many assault and battery cases, fault can be relatively clear. However, defendants may argue that the victim provoked the attack, or that they acted in self-defense.
Comparative Fault
Maryland is a modified comparative fault state. This means that if the victim is found to be partially at fault for the assault or battery, their damages award will be reduced in proportion to their level of fault.
If the victim is found to be more than 50% at fault, they cannot recover any damages. This can be a significant hurdle for victims, and it is important to work with an experienced personal injury attorney to build a strong case.
Statute of Limitations
As mentioned earlier, personal injury claims for assault and battery in Maryland must be filed within three years of the incident. However, there are exceptions to this rule. If the victim was a minor at the time of the assault or battery, the statute of limitations may be extended until they reach the age of majority.
Conclusion
Assault and battery cases can be complex and emotionally charged. If you have been a victim of assault or battery, it is important to work with an experienced personal injury attorney who can help you navigate the legal system and pursue the compensation you deserve.
Maryland personal injury laws offer victims the opportunity to recover damages for medical expenses, lost wages, and pain and suffering. However, victims must be able to prove fault and liability, and may face challenges in cases where they are found to be partially at fault.
By understanding the legal implications of assault and battery cases in Maryland, victims can make informed decisions about their legal options and work towards justice and healing.