Before you bring an assault and battery lawsuit, you ought to evaluate your chances of succeeding. It helps to know some of the common defenses that may crumple your case. For example, you may not have a case if:
You Consented to the Possibility of Being Hurt
The defendant can argue you consented to the possibility of getting injured. You cannot agree to take a risk and then later sue the party that causes the risk, as long as what you agreed to wasn't illegal. The consent may be expressed, informed or implied.
The Defendant's Actions Were Privileged
There are some dangerous activities that are nonetheless necessary for some situations. For example, physically separating a school fight is dangerous, but the teacher is legally allowed or even required to separate fighting students. If you are one of the students, and you get injured in the process, then your teacher may be immune from a personal injury lawsuit because his or her actions are privileged.
Of course, the court has to determine he or she used a reasonable and appropriate amount of force to separate the fighters. Therefore, if the teacher used a pocket knife to separate you, then the court is likely to view that as unreasonable force and allow the lawsuit to proceed.
The Defendant Was Acting in Self-Defense
Your assault and battery case is also likely to fail if the defendant was acting in self-defense. A person is allowed to respond appropriately when facing physical harm. Again, the court has to determine your defense was appropriate (in force) to the imminent threat you were facing.
Consider a situation where you swing a baseball bat to hit somebody in the head, he or she grabs your hand and sprains one of your fingers in the process. If you bring up an injury case against such a person, then you are likely to lose because the person was defending himself or herself from your attack.
Personal injury cases aren't always straightforward. Therefore, you need to consult with personal injury lawyers to evaluate your claims and help you decide whether to proceed with your lawsuit.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.