Assault

One common area included within the scope of personal injury law is that of “assault”, an intentional act or threat which instills fear of imminent physical harm in an individual. No actual touching need take place for an assault to occur: The threat alone is sufficient to be covered by personal injury laws. If the threat actually becomes a reality in which an individual is non-consensually touched by an object or person, the assault becomes a battery. For example, if a person brandished a gun at another person and threatens to shoot, an assault has been committed. A battery occurs if the person actually follows through and succeeds in shooting the person he has threatened. Both of these instances are covered under personal injury law in that a victim has the right to monetary recovery for the wrongful acts perpetrated upon him or her. In the example above, a criminal case might also ensue against the wrongdoer.

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