Attorneys

Does The Other Person Have A Personal Injury Claim If I Punch Them Back?

Other Assault and Battery FAQs

• Q: My Neighbor Punched Me Because He Was Angry With Me. He Broke My Nose. What Type Of Personal Injury Claim Could I Initiate?
  A: Most likely, your claim would be based upon the concept of battery.  Battery is the legal term used when someone hits someone else without a legal defense like … More
• Q: What Type Of Contact Is Required In Order To Have A Claim?
  A: One element of a battery claim is a “harmful or offensive contact.” A harmful contact normally occurs when the defendant physically attacks the plaintiff … More
• Q: What If The Person Wanted To Punch Someone Else, But Instead Punched Me?
  A: Under the doctrine of “transferred intent,” that person will still be liable for your personal injuries if he intended to make contact with another person, … More
• Q: Do I Have A Claim If A Person Waives A Bat Or Knife At Me In A Threatening Manner?
  A: You may have a claim for “assault” which does not require any contact. Unlike battery, an assault requires no actual contact with another person. Instead, … More
• Q: What If The Person Only Used Threatening Words?
  A: Generally, words alone do not constitute an assault without a physical threat. However, threatening words hardly exist in a vacuum. The court may take all factors into … More
• Q: Can I Sue Someone For A Personal Injury That I Got While Playing Sports?
  A: Generally, no. If you agree to a play a sport where contact is obviously a requirement or unavoidable, then you have “consented” to the contact. For … More
• Q: What Type Of Personal Injury Lawsuit Is Brought If The Person Injured Later Dies?
  A: If a person who suffers an injury due to the carelessness of someone else actually dies, then the family of the dead person has a claim for “wrongful … More