The timely, cost-effective resolution of injury claims often calls for an attorney who is experienced in handling personal injury matters and dedicated to providing personal service. Contact our firm today to schedule a consultation and case evaluation with an experienced personal injury attorney.
Personal Injury · Rhode Island Attorneys · Practical Solutions
ROBINSON & CLAPHAM, is located in Providence, Rhode Island. Our personal injury attorneys provide legal assistance to victims of serious injuries. We have more than 30 years of experience helping clients with cases concerning: car accidents, truck accidents, motorcycle accidents, pedestrian accidents, animal attacks, premises liability, wrongful death, catastrophic injuries, and construction site accidents. Our attorneys are committed to providing personal attention and zealous advocacy and we know how to obtain just compensation through practical solutions.
Contact us to see if you qualify for a free initial consultation. Our fees are very reasonable and we are available evenings and weekends by appointment.
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For most personal injury claims, we charge on a contingency basis, which means you only pay if our lawyers recover compensation for your injuries.
We represent victims of serious personal injuries throughout Rhode Island, in Providence, Kent, Washington, and Bristol counties.
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 — 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 Robinson & Clapham in Providence, RI, 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. In general terms, 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 himself 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 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 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 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 Robinson & Clapham in Providence, RI, to schedule a consultation with an experienced personal injury attorney to learn about your legal rights and options.
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