What is Assault?
In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an “intentional tort” when it is made the subject of a civil case.
Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. 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.
Elements of Assault
If you are going to file an assault lawsuit, there are a few main elements you must be able to prove:
- an intentional action on the part of the defendant
- the defendant’s intention to cause apprehension of harm, and
- your resulting reasonable apprehension of immediate harm.