Assault and battery cases, initially criminal, can evolve into civil personal injury settlements. Plaintiffs of assault and battery often endure damages that can be as severe as physical and mental impairments for which they can seek compensation. The complexities of such cases require the precision of experts, including forensic economists, who play a critical role in determining equitable settlement amounts. Since 1979, The Knowles Group has been instrumental in this arena, providing expert economic damage calculations and witness testimony, ensuring fair and just outcomes for plaintiffs and defendants of assault and battery cases across North America.
What is Assault and Battery?
Assault and battery are commonly perceived as a singular legal charge, yet they represent two distinct offenses that can occur separately. While both involve harm or threat of harm, their legal definitions and implications vary, necessitating a clear understanding of their differences.
Assault
Assault is legally defined as an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact. Unlike battery, assault doesn’t require physical contact; the fear or threat of harm suffices. Assault is classified into different classes to indicate the severity of the offense, including first, second, and third-degree assault, with some jurisdictions also recognizing fourth-degree assault for the least severe cases. There are three key elements for an act to constitute assault:
- Intention: The person committing the assault must have the intention to cause fear of imminent harm.
- Apprehension: The victim must have a reasonable belief or fear that they are about to be harmed.
- Imminence: The threat or fear of harm must be immediate. Future threats typically do not constitute assault.
Battery
In contrast to assault, battery is legally defined as the intentional and wrongful physical contact with another person without their consent. It focuses on the actual infliction of harm or offensive contact. Like assault, battery is classified into different classes to indicate the severity of the offense, including first, second, and third-degree battery, with some jurisdictions also recognizing fourth-degree battery for the least severe cases. The three key elements that constitute an act of battery, include:
- Nature of the Act: The nature of battery is the actual act of causing harm or offensive contact. Assault is about creating fear or apprehension of harm. Therefore, an act of battery can occur independent of assault if the victim did not expect the event and, therefore, did not experience fear or apprehension before its occurrence.
- Physical Contact: While assault does not require physical contact, battery does.
- Intent and Result: The intent of battery is to make physical contact, while the intent of assault is to create fear or apprehension. The result of battery is actual contact, while the result of assault is fear or apprehension.
The Average Personal Injury Settlement for Assault and Battery Cases
Assault and battery case settlements vary widely depending on the injury severity, defendant’s behavior, and long-term impacts. While minor cases may settle for a few thousand dollars, more severe cases can reach high settlements. These cases often settle for hundreds of thousands or even millions of dollars, especially those involving egregious defendant conduct, aggravated assault and battery, significant long-term harm (such as spinal cord injuries), and wrongful death lawsuits. The largest settlements can reach multimillion-dollar figures, although these are rare and typically involve gross negligence or high-profile defendants.
Hypothetical Example
In a hypothetical assault and battery case, Jane Doe, a 40-year-old graphic designer, suffers a severe injury leading to substantial long-term physical and mental trauma. After rigorous legal proceedings, Jane receives a personal injury settlement of $1,500,000, reflecting the severity of her injuries and the long-term impact on her life.
Types of Damages in Assault and Battery Cases
Assault and battery cases can involve various damages, from loss of employment to long-term medical needs, each requiring careful calculation to ensure fair compensation.
- Loss of employment due to physical and mental impairments from the events
- Loss of earnings/wages and fringe benefits
- Medical expenses (incurred and future)
- Ability to maintain one’s home (take care of yourself)
- Cost of basic caretaking and needs
- Loss of household services
Loss of employment due to physical and mental impairments from the events
Loss of employment due to physical and mental impairments damages refer to the financial compensation awarded to a plaintiff who can no longer maintain their previous employment as a direct result of the injuries and trauma sustained from the assault and battery.
Example
In our hypothetical case, Jane is unable to return to her profession due to injuries. As a result, the court awards $600,000 for loss of employment, considering her career trajectory and earning potential.
Loss of earnings/wages and fringe benefits
Loss of wages or earnings refers to the financial compensation awarded to a plaintiff for income lost due to their inability to work as a result of the injuries sustained from the assault and battery. This category of damages is focused on the economic impact of the plaintiff’s temporary or permanent incapacity to maintain their usual employment.
Example
After the assault and battery, Jane missed several months of work. As a result, the court awards her $300,000 as compensation for her loss of earnings, wages and fringe benefits.
Medical expenses (incurred and future)
This category covers all medical costs for assault and battery injuries, both incurred and anticipated in the future, including hospital bills, on-going medical care, costs for surgical procedures, medications, medical examinations, therapy, and any other medical-related expenses incurred as a direct result of the assault and battery.
Example
The court determines that Jane will incur $350,000 in immediate treatment and ongoing medical and therapy expenses.
Ability to maintain one’s home (take care of yourself)
Damages awarded for losing the ability to maintain one’s home refer to the loss of ability to manage their household and perform daily living activities as a result of the injuries sustained from the incident. This type of damage recognizes the challenges and additional costs that arise when a victim can no longer maintain their home or personal care to the same extent as before the assault and battery.
Example
Due to her injuries, Jane has lost her ability to maintain her household in several ways. As a result, the court awards her $50,000 for the additional costs related to home maintenance and personal care assistance.
Cost of basic caretaking and needs
This refers to the financial burden of basic caretaking and daily needs that the plaintiff can no longer manage alone due to their injuries, including expenses for services like bathing, dressing, cooking, feeding, medication management, and other personal care needs that the plaintiff cannot perform independently.
Example
For our plaintiff, an additional $100,000 is allocated for basic caretaking needs and assistance.
Loss of household services
Loss of household services compensates for the inability to perform usual household tasks, requiring external services, including cleaning, cooking, childcare, home maintenance, gardening, and other chores that contribute to the functioning of the household. Aside from significantly affecting the plaintiff’s quality of life and functioning of the household, it can also impose additional burdens on other household members.
Example
Considering Jane’s inability to perform household services, the court awards $100,000 for the loss of ability to provide household services she previously managed.
Impairment Ratings in Assault and Battery Cases Involving Substantial Bodily Harm and Disability
Impairment ratings are used to quantify the extent of an individual’s physical or mental functional limitations resulting from an injury or illness. These ratings are expressed as a percentage indicating the degree to which the individual’s overall ability to perform daily activities are impaired compared to a person without impairments. The rating considers factors such as loss of mobility, dexterity, cognitive functions, and the ability to perform daily activities and work-related tasks.
Medical professionals usually determine impairment ratings based on standardized guidelines like the American Medical Association’s (AMA) Guide to the Evaluation of Permanent Impairment. However, certain states and regions have unique guidelines or systems for determining impairment ratings which create variation in how impairment is assessed and compensated.
In assault and battery cases involving substantial bodily harm and disability, the plaintiff’s impairment rating can be crucial for determining the extent of their and the corresponding compensation or benefits they receive.
Example
In our hypothetical assault and battery case, Jane’s medical evaluator assigns her a 45% impairment rating, reflecting a significant loss of function and independence. This rating became crucial in her lawsuit, helping quantify her damages claims. The severity of Jane’s permanent disability, indicated by the impairment rating and its impact on her life and career, played a large role in the court awarding her the substantial settlement of $1,500,000.
Understanding the Difference Between Civil and Criminal Assault and Battery Cases
Certain types of cases can be tried in both civil and criminal courts, each serving different legal purposes and outcomes. Assault and Battery are one such case. While related in terms of the underlying offense, criminal and civil assault and battery cases serve distinct purposes and follow different legal processes. That said, an assault and battery incident can lead to both criminal and civil actions, and the outcomes in one do not necessarily affect the other due to their different objectives, involved parties, and standards of proof.
Criminal Assault and Battery Cases
The purpose of criminal courts is maintaining public order and safety. Criminal assault and criminal battery cases aim to punish the offender and deter future misconduct. In these cases, the state or government prosecutes the alleged perpetrator, with the victim serving as a witness, and the burden of proof is “beyond a reasonable doubt,” which is a higher threshold due to severe consequences like imprisonment, fines, or a criminal record.
Civil Assault and Battery Cases
Civil assault and battery personal injury cases, on the other hand, focus on compensating the plaintiff for their losses and injuries due to an intentional tort. Here, the plaintiff hires a personal injury attorney and initiates a private lawsuit against the defendant. The standard of proof is “preponderance of the evidence,” a comparatively lower threshold compared to “beyond a reasonable doubt,” and the outcomes typically involve monetary compensation for damages without the imposition of incarceration or a criminal record.
We Provide Expert Economic Damage Calculations for Experienced Personal Injury Lawyers and Their Clients
With decades of experience in state and federal courtrooms across the country, The Knowles Group excels in offering expert economic damage calculations and witness testimony for assault and battery cases. If you’re a personal injury lawyer, plaintiff, or defendant in a civil assault and battery, contact us for a complimentary case consultation and ensure your case is supported by top-tier economic expertise.
