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Charleston Personal Injury Lawyer > Blog > Personal Injury > Suing For Battery In South Carolina

Suing For Battery In South Carolina


You may generally hear of personal injury law in the context of accidental harm, such as car accidents and tragic warehouse or construction site accidents, however, personal injuries also include intentional torts like assault and battery. If someone has intentionally caused you physical harm in South Carolina, you are entitled to bring a personal injury lawsuit to recover for the pain and damages that you have endured. Whether it’s a bar fight, random attack, or case of domestic abuse, an experienced personal injury attorney can help you determine how best to get compensation for the crimes that have been committed against you.

What is the Difference Between Assault and Battery in South Carolina?

The phrases assault and battery are often heard together, so it can be hard to figure out what the difference is. Generally, assault is the threat of harm while battery is the execution of it. For instance, pulling your first back as if you are going to punch someone would likely cause them to think that you were about to harm them. This would constitute assault. If you actually punch them, then you have also committed battery. As this example illustrates, these crimes often occur simultaneously, with assault occurring before battery, however, they can also occur independently.

Can I Sue for Battery if I’m Bringing Criminal Charges?

When someone commits a crime, such as battery, against you, you have a right to press criminal charges. These will be addressed through the criminal court and do not affect your right to also bring a personal injury lawsuit, which will be tried in civil court. Criminal court is designed to hold the person who caused you harm responsible and to punish or rehabilitate them, but it does nothing to restore the victim of that crime physically or financially. That’s where civil court comes in. Personal injury lawsuits aim to restore you to the financial position you would have been in had this person never caused you harm. You can bring these concurrently or wait to see how you fare in criminal court. Criminal court has a much higher evidentiary standard, so if you succeed in criminal court, you are also likely to succeed in civil court.

Damages for an Intentional Tort

The medical expenses that are incurred due to harm that someone has caused you can be incredibly high. Violent physical attacks can result in broken bones, facial disfigurement, fractured eye sockets and permanent damage to one’s vision, as well as traumatic brain injury. A personal injury lawsuit allows you to recover all medical expenses incurred because of the accident, as well as compensation for pain and suffering.

Contact the Gus Anastopoulo Law Firm 

If you have suffered serious physical injuries due to assault or battery by another person in South Carolina, the Gus Anastopoulo Law Firm is ready to help. We will fight to hold the responsible party accountable and get you the maximum amount of financial compensation that you are entitled to. Contact Charleston personal injury lawyer Gus Anastopoulo today to schedule a consultation.

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