Selecting a Personal Injury Attorney
If you have lost a family member or suffered injuries as a result of another person’s negligence or misconduct, you could be legally entitled to compensation for your loss. To learn more about your right to damages, contact our firm to schedule a consultation with an experienced personal injury attorney for straightforward solutions that will work for you.
Basic Information About Personal Injury Litigation
The personal injury lawyers of Kaminski & Pozorski represent people who have been hurt in accidents of all kinds in northeastern Wisconsin. We advise people with injuries ranging from soft tissue trauma to severe and disabling brain or spinal cord damage. We also advise people with wrongful death claims under Wisconsin law. Contact our office in Manitowoc for a free consultation about your potential claims for damages following a car accident, injury at work, or dangerous product mishap.
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Each of the four attorneys at Kaminski & Pozorski is a native of Manitowoc, and for 40 years our law firm has helped people from Door County to Sheboygan and Fond du Lac resolve serious accident claims and complex insurance disputes related to coverage and policy limits. Contact our office for a free consultation about the best ways to protect your interests following an auto accident, a motorcycle crash, or an injury on the job.
An important advantage of working with Kaminski & Pozorski on personal injury claims is our experience with the ways insurance companies work to minimize their payment on your loss. We can anticipate these tactics and develop your damages demand so as to protect you from inadequate settlement offers and attacks on your right to recover payment. Contact us in Manitowoc to learn more about the scope of our personal injury practice.
Assault and Battery
In civil court, assault and battery are “intentional torts,” and can be the basis of a personal injury lawsuit against the person who commits them. Assault and battery are different from other personal injury claims in that the person accused of assault or battery must have acted with the intent to cause a certain result, namely either fear in the victim or physical contact to the victim’s person. It is important if you or a loved one has been the victim of an assault or battery that you contact a knowledgeable, skilled personal injury attorney at Kaminski & Pozorski in Manitowoc, Wisconsin, to discuss your legal options.
Assault and battery
While the torts of assault and battery are similar and can go together in one lawsuit, it is important to note that they are actually two separate claims. A defendant can commit an assault without a battery, and vice versa. However, a battery usually includes an assault, and an assault can be characterized as an attempted or uncompleted battery. Generally speaking, an assault occurs when a person is placed in apprehension or fear of a harmful or offensive contact, and a battery occurs when that harmful or offensive contact actually occurs.
It is important to note that a battery plaintiff does not have to show that the defendant meant to cause physical injuries through the harmful or offensive contact. This means that even in a situation where the defendant was playing a practical joke and meant to scare the plaintiff, he or she can still be liable for battery as long as harmful or offensive contact resulted. What’s more, the defendant him or herself does not have to come into contact with the plaintiff in order to have committed a battery, nor does the contact need to be applied directly to the plaintiff, as long as the defendant supplied the force that caused or resulted in contact with the plaintiff.
Damages in assault and battery cases
Damages in assault and/or battery cases may be compensatory or punitive. Compensatory damages are intended to compensate you for the losses you suffered as a result of the defendant’s conduct. They may include your medical expenses and lost income, damages for pain and suffering, and loss of your future earning capacity. Punitive damages are intended to punish the defendant him or herself and to deter others from engaging in similar behavior. The availability of punitive damages may differ from state to state, but, when available, punitive damages typically require proof that the defendant acted with “malice” (out of hatred or ill will) and set out to deliberately injure the victim.
Contact a personal injury lawyer
If you or a loved one was injured as a result of an assault and/or battery, it is important that you speak with an attorney to ensure that your legal rights are protected. Contact Kaminski & Pozorski in Manitowoc, Wisconsin, to schedule a consultation with an experienced personal injury attorney to learn about your legal rights and options.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.