Assault is a criminal offense that involves intentionally causing someone to reasonably fear imminent harm or injury. In a personal injury case, assault may be considered a separate cause of action, and the injured party may be able to recover damages for any physical injuries, emotional distress, and other losses resulting from the assault.
To prove assault in a personal injury case, the injured party must show that the defendant intentionally caused them to reasonably fear likely or inevitable harm. This may involve showing that the defendant made a threatening gesture or statement, or engaged in a physical contact that caused the plaintiff to fear for their safety.
If assault is proven in a personal injury case, the injured party may be able to recover damages for any physical injuries suffered because of the assault, such as broken bones, cuts, bruises, or other injuries. They may also be able to recover damages for emotional distress, such as anxiety, fear, or PTSD, resulting from the assault.
It is important to note that personal injury cases involving assault can be complex, and it is important to consult with an experienced personal injury attorney to determine the best course of action. In addition to pursuing a personal injury claim, the injured party may also be able to pursue criminal charges against the defendant for assault by reporting to the state or the police to press charges against the assaulter.