Assault

The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a "battery" in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

The four elements that a plaintiff must prove to win a negligence suit are 1) Duty, 2) Breach, 3) Cause, and 4) Harm.

Arrest. You will most likely be arrested and processed when you are charged with assault. You will then be given a bail hearing, during which a judge will determine if you should be granted bail and how much your bond should be.

A complaint must state all of the plaintiff's claims against the defendant, and must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.

If you or someone you know has been attacked in a public place, the first thing to do is call the police. Failing to notify law enforcement can actually impair your ability to make civil claims later for injuries or damages suffered in the attack. If injured, you should also seek medical attention.

Comply With the Relevant Federal, State, and Local Rules. Research Before Writing. Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. Draft Concise and Plain Statement of the Facts. Draft Separate Counts for Each Legal Claim. Plead Facts With Particularity Where Necessary.

Understanding How Assault Claims Work in Canada. If you've been assaulted, whether it was in a fight or unprovoked, you can sue your opponent for any major injuries you've suffered.In Canada, punitive damages are awarded on a more conservative basis and are usually only given in extreme situations.

In general, the law allows you to mistakenly defend an initial aggressor (the person who started it) in a fight. In selfdefense cases, if you are the initial aggressor in a fight, the law will not allow you to claim self-defense unless in good faith, you endeavor to withdraw from and abandon the conflict.