Abuse/ unlawful assault claims
The psychological and physical effects of an unlawful assault can often be traumatising and can affect the victim in devastating ways. It is usual for acts of assault or battery to be considered criminal offences, so it is not surprising that few people realise that an act of assault is also considered a personal injury for which you may seek compensation.
What is an unlawful assault?
An assault is by definition “any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.”
This means that a person is guilty of an assault if he deliberately commits an act which causes another person to feel that they are in immediate danger of sustaining injury at the hands of the perpetrator.
Consequently, an assault can take place even if there is no contact between the person threatening violence and the person being threatened. The emphasis is on what the victim thought could happen to him at the time. An assault is an act that consists of a threat of causing harm, where the person threatening the harm has the ability to cause that harm.
An assault consists of three fundamental elements:
- An intentional and unlawful threat to use force to inflict injury or harm upon another
- Circumstances which cause the other person to believe he is in real danger of injury or harm
- The possibility that the harm could be carried out and consequently cause injury or harm
In what situations can an unlawful assault arise?
There are a number of situations where an unlawful assault can arise, including:
- Aggression following an altercation or dispute
- Threatening to use force to cause injury
- Silent phone calls intended to scare the receiver
- Demonstrating a weapon and suggesting that it will be used to cause harm
We have acted for a number of clients who have been victims of an unlawful assault while enjoying a night out. We have given advice and have acted on behalf of our clients who have been assaulted by aggressive doormen in night-clubs and have suffered injury as a result. We can pursue claims against these night-clubs for the injuries sustained.
Our practice is also experienced in handling claims on behalf of clients who have suffered injuries as a result of assaults while resident in care homes or while attending schools.
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