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Selecting a Personal Injury Attorney

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.

Northern New Jersey Certified Trial Lawyers

After an accident that has resulted in a personal injury, the first order of business is to take every step possible to ensure that the injured person's recovery is maximized. Next on the list of priorities is the legal arena of liability, injury claims and insurance policies. An experienced personal injury attorney is an invaluable asset in today's climate of denied claims and delayed payment of benefits.

Contact us to schedule a free initial consultation following a car accident, truck accident or pedestrian accident. Do you believe you were you injured as a result of someone else's negligence? We are prepared to aggressively advocate on your behalf up to and including going to trial if necessary.

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GOLDSTEIN, BALLEN, O'ROURKE & WILDSTEIN, headquartered in Passaic, represents northern New Jersey residents in accidental injury and wrongful death claims, always with the goal of maximizing benefits for the injured and the bereaved.

Se habla español. We are pleased to offer bilingual services throughout your case. In fact, the majority of our staff is bilingual. Contact us to learn how we can help, beginning with a free preliminary case review.

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, namely 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 Goldstein, Ballen, O'Rourke & Wildstein, in Passaic, New Jersey, 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 him or herself 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 Goldstein, Ballen, O'Rourke & Wildstein, in Passaic, New Jersey, to schedule a consultation with an experienced personal injury attorney to learn about your legal rights and options.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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