Negligent or Intentional Battery Personal Injury Attorney
About the author Personal Injury Attorney Peter GlasserWhen you or a loved one has been harmed by someone else's actions, it's important to understand your legal options. At The Law Office of Peter R. Glasser, you can find experienced representation for both negligent and intentional battery cases. Peter has over two decades of experience as a trial lawyer, ensuring that you receive knowledgeable and dedicated support.
Peter Glasser's background is rooted in extensive legal experience. He has served as an Assistant District Attorney in Johnson and Sedgwick Counties, where he prosecuted a range of offenses, providing him with a deep understanding of the legal landscape. His dedication to law and his clients is evident in every case he handles.
Peter's practice focuses on making the legal process as clear and manageable as possible for his clients. Whether dealing with cases of negligent battery, where the harm was caused unintentionally, or intentional battery, where the harm was deliberate, Peter is committed to delivering thorough and compassionate representation.
Understanding your rights and the nuances of your case is critical. Peter Glasser leverages his expertise to guide you through the complexities of the legal system, ensuring you are well-informed and well-prepared at every step.
Choosing The Law Office of Peter R. Glasser means you are working with a experienced professional who values fairness and transparency. Peter’s experience as a previous prosecutor translates into a strategic advantage for your case, whether it involves negotiating settlements or representing you in court.
Table of Contents
quickly navigate to specific sectionsIntentional Torts
Intentional torts occur when someone deliberately causes harm. These actions are not accidental but are performed with the intent to cause injury or damage.
Understanding the various types of intentional torts can help you determine the nature of your case and the best course of action.
Battery
Battery involves the intentional and unlawful physical contact with another person. The contact must be harmful or offensive, and the perpetrator must have intended to cause such contact. Peter Glasser's background in handling complex legal cases provides him with the insight and expertise necessary to represent clients in battery cases.
-
Key Elements: Intent to cause harm, unlawful physical contact, resulting injury.
-
Examples: Physical fights, pushing someone, hitting with an object.
-
Legal Outcomes: Those found liable for battery can face civil penalties, including compensatory damages for the victim.
Assault
Assault is another type of intentional tort where an individual intentionally causes another person to fear imminent harmful or offensive contact. It is important to note that assault does not require physical contact, only the threat or attempt of such contact.
Key Elements: Intent, reasonable apprehension of immediate harm, lack of consent.
Examples: Threatening gestures, verbal threats coupled with the ability to carry them out, raising a fist in a threatening manner.
Legal Outcomes: Liable parties can face civil penalties, including damages for emotional distress and other impacts on the victim.
False Imprisonment
False imprisonment occurs when a person intentionally restricts another person's freedom of movement without legal authority, justification, or the individual's consent. This can happen in various settings and can significantly impact the victim's life and well-being.
-
Key Elements: Intent to confine, actual confinement, lack of legal justification, awareness of confinement by the victim.
-
Examples: Locking someone in a room, holding someone down, using threats or force to restrict movement.
-
Legal Outcomes: Those found responsible for false imprisonment can be required to pay damages for the victim's loss of freedom and any resulting harm.
Understanding these types of intentional torts is essential for identifying the nature of your case and determining the appropriate legal response. At The Law Office of Peter R. Glasser, Peter applies his deep knowledge of the law and extensive trial experience to advocate for his clients effectively.
If you believe you have been a victim of an intentional tort, contact Peter to discuss your case and explore your legal options.
Differentiating Negligent and Intentional Conduct
Understanding Negligence
Negligence occurs when an individual fails to exercise reasonable care, resulting in harm to another person. Unlike intentional conduct, negligence does not involve a deliberate attempt to cause injury. Instead, it stems from carelessness or a failure to act as a reasonable person would under similar circumstances.
Peter Glasser’s expertise in negligence law allows him to provide effective representation for clients affected by such conduct.
-
Key Elements of Negligence: Duty of care, breach of duty, causation, and resulting injury.
-
Common Examples: Car accidents due to distracted driving, slip and fall incidents, and medical malpractice.
-
Legal Consequences: Those found negligent can be held liable for damages, including medical expenses, lost wages, and pain and suffering.
Intentional Conduct
In contrast, intentional conduct involves deliberate actions meant to cause harm. This type of conduct is not accidental; the perpetrator has a specific intention to injure or damage another person.
-
Key Elements of Intentional Conduct: Intent to cause harm, deliberate action, resulting injury.
-
Common Examples: Physical assault, battery, and false imprisonment.
-
Legal Consequences: Those found guilty of intentional conduct can face severe penalties, including compensatory and punitive damages.
Identifying whether an act was negligent or intentional is essential in building a strong case. The approach to each type of conduct differs, as does the legal strategy employed to seek justice and compensation. Peter Glasser’s comprehensive understanding of both negligent and intentional conduct ensures that you receive expert guidance tailored to your specific situation.
When you choose The Law Office of Peter R. Glasser, you benefit from Peter’s commitment to providing thorough and compassionate legal representation.
Key Elements of Assault
Essential Elements of Assault
For an act to be considered assault, certain elements must be present. These elements distinguish assault from other types of intentional torts and are crucial in building a strong legal case.
-
Intent: The perpetrator must have intended to cause apprehension or fear of imminent harm in the victim. This intent is a key factor in proving assault.
-
Apprehension of Harm: The victim must have a reasonable belief that harm is imminent. This means that the victim genuinely feared that they were about to be harmed, based on the perpetrator’s actions.
-
Imminence: The threat of harm must be immediate, not a distant or future threat. The victim must believe that the harm could occur at any moment.
-
Lack of Consent: The victim did not consent to the actions that caused the apprehension of harm. Consent can negate an assault claim if it is proven that the victim agreed to the conduct.
Differences Between Assault and Battery
While both assault and battery are intentional torts, they differ in key ways. Understanding these differences can help you determine the nature of your case and the appropriate legal strategy.
-
Physical Contact: Assault does not require physical contact, only the threat or attempt of harm. Battery, on the other hand, involves actual physical contact with the victim.
-
Focus: Assault centers on the victim's apprehension or fear of harm, while battery focuses on the unlawful physical contact itself.
-
Legal Remedies: Both torts can result in civil liability, but the specific damages and remedies available may differ based on the nature of the harm and the evidence presented.
By understanding the essential elements of assault, you can better evaluate your legal position and the potential outcomes of your case.
If you believe you have been a victim of assault, contact The Law Office of Peter R. Glasser to discuss your case. Peter’s expertise and dedication to his clients make him a reliable advocate in seeking justice and protecting your rights.
Battery Basics
Battery involves the intentional and unlawful physical contact with another person. This contact must be harmful or offensive, and it must be done without the victim's consent.
Understanding the fundamental aspects of battery can help you determine whether you have a viable legal claim.
Defining Battery
Battery is characterized by intentional physical contact that is harmful or offensive. Unlike assault, which focuses on the fear of imminent harm, battery requires actual contact. Peter Glasser’s comprehensive understanding of battery law ensures that you receive knowledgeable and strategic representation for your case.
Intent: The perpetrator must have intended to make contact with the victim. This intention is a critical component of a battery claim.
Unlawful Contact: The physical contact must be unlawful, meaning it is neither justified nor consented to by the victim.
Harm or Offense: The contact must cause harm or be considered offensive by a reasonable person’s standards.
Examples of Battery
Battery can occur in various situations, each with its own set of circumstances and potential legal implications. Some common examples include:
Physical Altercations: Any form of hitting, punching, or physical fighting can constitute battery if it meets the criteria of intentional and unlawful contact.
Unwanted Touching: Even minor contact, such as grabbing someone's arm or pushing them, can be considered battery if it is offensive and without consent.
Use of Objects: Using an object to cause harm, such as throwing a stone or hitting someone with an item, also falls under battery.
Legal Consequences of Battery
Those found liable for battery can face significant legal consequences, including civil penalties. The goal of these penalties is to compensate the victim for their injuries and any other damages resulting from the battery. Peter R. Glasser’s extensive trial experience enables him to effectively advocate for your rights and seek appropriate compensation on your behalf.
-
Compensatory Damages: These are intended to cover the victim's medical expenses, lost wages, and pain and suffering.
-
Punitive Damages: In some cases, the court may award punitive damages to punish the perpetrator and deter similar conduct in the future.
-
Legal Fees: The court may also order the perpetrator to pay the victim’s legal fees incurred during the case.
Understanding the basics of battery is crucial for assessing your legal situation and determining the best course of action. Peter Glasser’s dedicated approach ensures that you are well-informed and well-represented throughout the legal process. His commitment to providing thorough and effective legal support makes him a valuable ally in your pursuit of justice.
If you believe you have been a victim of battery, contact The Law Office of Peter R. Glasser to discuss your case.
False Imprisonment Explained
False imprisonment occurs when someone is unlawfully restrained against their will. This intentional tort involves the unlawful confinement of a person without their consent and without legal justification.
Understanding the elements and implications of false imprisonment can help you determine the appropriate legal actions.
Defining False Imprisonment
False imprisonment is characterized by the intentional restriction of a person’s freedom of movement. This confinement can occur in various forms and settings, but the key aspect is that it happens against the person’s will and without legal authority.
-
Intent: The perpetrator must have intended to confine the victim. This intent is crucial in proving false imprisonment.
-
Confinement: The victim must be confined within a bounded area. This can include physical barriers, threats, or other forms of restraint.
-
Lack of Consent: The confinement must occur without the victim’s consent. If the person consents to the confinement, it is not considered false imprisonment.
-
Absence of Legal Justification: The confinement must be without lawful authority or justification. Legal authority, such as a lawful arrest, negates a false imprisonment claim.
Examples of False Imprisonment
False imprisonment can take many forms, and understanding common scenarios can help you identify if you have been a victim. Some examples include:
Physical Restraint: Locking someone in a room or holding them down against their will.
Threats or Intimidation: Using threats of physical harm to prevent someone from leaving an area.
Abuse of Authority: Using one's position of power to unlawfully confine someone, such as a security guard detaining a shopper without cause.
Legal Consequences of False Imprisonment
Those found liable for false imprisonment can face significant legal consequences. Victims are entitled to seek compensation for the harm and distress caused by their unlawful confinement. Peter Glasser’s expertise in handling these cases ensures that your rights are protected and that you receive the compensation you deserve.
-
Compensatory Damages: These damages cover the victim’s physical and emotional suffering, as well as any financial losses incurred due to the false imprisonment.
-
Punitive Damages: In cases of particularly egregious conduct, the court may award punitive damages to punish the perpetrator and deter similar actions in the future.
-
Legal Fees: The perpetrator may be required to pay the victim’s legal fees, ensuring that the victim is not financially burdened by seeking justice.
Understanding false imprisonment is essential for recognizing your rights and determining the best course of action. Peter Glasser’s dedication to providing thorough and effective legal support makes him a valuable ally in your pursuit of justice.
If you believe you have been a victim of false imprisonment, contact The Law Office of Peter R. Glasser to discuss your case. Peter’s expertise and dedication to his clients ensure that you receive the support and representation you need to achieve a fair resolution.
Intentional Torts: Civil or Criminal?
Civil Actions for Intentional Torts
Civil actions are legal proceedings initiated by the victim seeking compensation for the harm caused by the intentional tort. These cases focus on providing monetary relief to the victim and holding the perpetrator accountable for their actions.
-
Purpose: The primary goal of a civil action is to compensate the victim for their losses, including medical expenses, lost wages, and pain and suffering.
-
Burden of Proof: In civil cases, the burden of proof is on the victim to establish that the defendant is liable by a preponderance of the evidence. This means that it is more likely than not that the defendant committed the tort.
-
Outcomes: Successful civil actions can result in compensatory damages, punitive damages, and the recovery of legal fees.
Criminal Actions for Intentional Torts
Criminal actions are prosecuted by the state and aim to punish the perpetrator for their unlawful conduct. These cases focus on upholding public safety and deterring future wrongdoing. While Peter Glasser’s practice focuses on civil litigation, understanding the criminal implications of intentional torts is important for comprehending the full legal context.
-
Purpose: The primary goal of a criminal action is to punish the offender and deter similar conduct in the future. This can include imprisonment, fines, and other penalties.
-
Burden of Proof: In criminal cases, the burden of proof is on the prosecution to prove the defendant’s guilt beyond a reasonable doubt. This is a higher standard of proof compared to civil cases.
-
Outcomes: Criminal convictions can result in imprisonment, probation, fines, and other legal penalties, but do not provide direct compensation to the victim.
Key Differences Between Civil and Criminal Actions
Understanding the key differences between civil and criminal actions can help you navigate your legal options more effectively. Peter Glasser’s extensive experience in civil litigation ensures that you are well-prepared to pursue compensation for the harm you have suffered.
-
Initiation: Civil actions are initiated by the victim seeking compensation, while criminal actions are initiated by the state to punish the offender.
-
Goals: Civil actions aim to compensate the victim, whereas criminal actions aim to punish the perpetrator and protect public safety.
-
Burden of Proof: The burden of proof is lower in civil cases (preponderance of the evidence) compared to criminal cases (beyond a reasonable doubt).
-
Outcomes: Civil actions can result in monetary compensation for the victim, while criminal actions can result in imprisonment, fines, and other penalties for the offender.
By understanding these distinctions, you can better assess your legal situation and determine the appropriate course of action. Peter R. Glasser’s commitment to providing thorough and effective legal representation ensures that you receive the support and guidance you need to navigate the complexities of intentional tort cases.