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Elements of a Battery
In the case of transferred intent involving an assault and battery, there will likely be two plaintiffs: the person who was the intended victim of the battery (who sues for assault) and the person who was actually physically harmed (who sues for battery).
In medical malpractice cases involving unauthorized treatments or lack of informed consent (see below), the patient may sue for all costs and treatments/procedures associated with the treatment received. This is true, in many cases, even where the patient ultimately benefited from the unauthorized treatment (although this may be argued as a mitigating factor by defense).
FAQs
- Someone broke into my house in the middle of the night and attacked me. I chased and knocked down the culprit running down the street. Will I be liable to him?
- A security guard in a store suspected me of shoplifting and detained me. I have heard about something called false imprisonment. Do I have an action for that?
- I have a tax-return preparation business, and a neighbor recently told a potential client that I did not know a thing about tax law. Isn't that slander?
- What are intentional torts?
- We got behind on our bills and a bill collector has been stopping by and calling us day and night. The bill collector intimidates us, calls us names, and threatens to destroy our credit record. We are nervous wrecks. What may we do?
Accident and Injury Resources
- Checklist: Steps to Take After an Injury
- Case Intake Form: Injury
- Quiz: Emotional Distress
- Sample Attorney Agreement: Injury Case
- Sample Medical Records Release Form
- Worksheet: Damage Estimate
- Find Personal Injury Lawyers in UK
- The FindLaw Accident, Injury and Tort Law Blog
- Find Chicago Personal Injury Lawyers
- Find Personal Injury lawyers in all locations
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