The Michigan assault and battery lawyers at Buckfire & Buckfire, P.C. have experience representing clients who have suffered serious injuries and bodily harm due to unlawful touching by another person. Some of these cases result from intentional physical contact, while others are the result of negligent touching. In many of these circumstances, this contact is excessive and goes beyond the scope of any permission given by the injured individual.
A charge of assault is usually made up of a collection of elements. This includes the attempt—or threat—to harm a person, as well as ability to act on this threat, and an intentional indication of force that would lead the other individual to anticipate injury. As an extension of this, battery is the physical act itself. If, for example, two people roughhousing goes too far, it is not likely that an assault charge could be filed. However, in more threatening and violent situations, any occurrence that could give rise to a criminal prosecution—in the form of a misdemeanor of felony offense—could likely also give rise to a civil lawsuit.
The primary difference between a civil and criminal case is that, in a civil suit, the injured claimant seeks monetary compensation for their injuries. Therefore, if you were injured after being attacked or touched by another person, you have legal options and might wish to contact a skillful attorney for assistance.
Common Types of Assaults
Assaults and batteries can arise out of any number of scenarios. However, some of the most common include:
- Bar fights
- Bouncer incidents
- Police misconduct
- Sexual abuse
- Sports and sporting events
- Recreational activities
- Negligent or intentional discharge of firearms
- BB guns
- School fights
This is not an exhaustive list. However, it provides some insight into the different types of instances that might lead to litigation in Michigan with the help of an assault and battery lawyer.
Police misconduct cases are more and more common throughout the United States. A police officer is privileged to apply the threat of force or, if necessary. However, they are not privileged to use unreasonable force to affect a lawful arrest.
Sporting activities provide a unique area for assault and battery litigation. Everyone who participates in these activities consents to the risks inherent in that sport. However, some conduct will fall outside the realm of what is reasonable to expect, and, thereby, might rise to an assault and battery claim.
Bar Fights and Bouncer Incidents
When a customer instigates a fight, Michigan’s dram shop laws state that those hurt may be able to file a claim. These claims can be filed both the perpetrator and the establishment that allowed the fight to occur. Likewise, a bouncer who uses excessive force could be held liable, as could their employer.
Negligent or Intentional Discharge of Firearms
When people negligently handle firearms and disregard the safety of others, an injured individual could pursue a civil claim against them. The same holds true for anyone who intentionally injures another person with a gun.
It is nearly impossible to hold a child legally liable for their actions when they instigate a fight and hurt another child. However, parents of injured children might still be able to hold the school liable for failing to protect the student body.
A specific court case talks about the ability of people who suffer harm in an assault and battery to demand compensation from their attacker. According to McFadden v. Tate, 350 Mich. 84 (1957), anyone injured under these circumstances can demand payments for not just their economic damages—such as their medical bills—but also for lost wages and pain and suffering.
This means that a defendant who is found to be liable is responsible to provide compensation for numerous damages that they inflicted upon an injured claimant. An experienced assault and battery injury attorney in Michigan could help injured plaintiffs to hold at-fault defendants responsible for their actions.
How Michigan Assault and Battery Injury Lawyer Might Help
After being attacked, it is easy to feel powerless or overwhelmed. However, it is essential that all victims of these crimes contact the police. Not only could this help to bring an accused individual to justice, but it might also help to produce evidence for a possible civil claim.
A Michigan assault and battery injury lawyer could help you pursue a civil claim for damages, which can often help you move past the incident as well. A dedicated attorney at Buckfire & Buckfire, P.C. could work to gather evidence, identify all potential defendants, and fight for your rights in civil court. Call today to schedule a consultation.
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Southfield, MI 48034
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Detroit, MI 48226
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Detroit, MI 48226
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Ann Arbor, MI 48104
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Shelby Township, MI 48316
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