ASSAULT

How would you summarize the definition of assault as a tort?

A "assault" in the context of the law (as a tort) can be summarized as a physical threat by someone to harm you that you think is a real threat and results in some emotional distress. 

Why does the tort of assault not have its same everyday meaning? 

The definition of assault in the context of a tort is certainly confusing as it doesn't have the same meaning as it's every day usage.  At law, the term "battery". 

 

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Black's Law Dictionary

 

"Any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability to do so, and any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm"
The Law Dictionary Featuring Black's Law Dictionary Free Online Legal Dictionary 2nd Ed.

 

 

What are some examples of bodily injury? 

There can be any number of examples of the tort of assault, but a common example is someone uttering the threat of "im going to kill you".  That is against the law, and if a real threat, the person that uttered those words has likely commtted an assault on you  

What amounts can you recover from an assault?

It is difficult to quantify, and the damages may vary by state. If you have just been verbally assault, damages can depend on the severity of the threat and how that threat actually impacted your life.  

If you've been the victim of an assault, you can get a confidential quote for your potential personal injury claim here:

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Other Related Definitions

 

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