Wednesday, December 7, 2011
WHAT IS THE VALUE OF MY BALTIMORE PERSONAL INJURY CASE? That man hit me, but was trying to hit the guy next to me?
I recent chapters we explored the concepts of civil assault and battery. Personal injury lawyers in Baltimore know that these are called 'intentional' torts. In other words, the assaulter, or batterer, must have intended to cause the contact or fear of contact. Unintentional contact that cause harm, e.g. in a Baltimore car accident, may be pursued as a negligence claim. What about a situation where a person intends to strike, or throws or shoots something at one person, the intended target, but through bad aim, hits a bystander. Experienced personal injury lawyers in Baltimore know that the doctrine of 'transferred intent' [from the intended victim to the actual one] supplies the necessary degree of willfulness to make the assault or battery actionable for damages.