Can you recover punitive damages for battery?

Can you recover punitive damages for battery?

9. Can I recover punitive damages? Punitive damages are available in assault and battery cases when the defendant acted with “fraud,” “malice” or “oppression.”

What type of damages can you recover in intentional torts?

Typical damages include recovery for medical expenses, lost wages, or pain and suffering. Intentional torts can allow for punitive damages, since society wishes to deter its members from intentionally harming each other. Proof of wrongful intent is required to recover.

What are the damages for battery?


  • Property (the broken necklace)
  • Physical harm to her neck (economic damages for medical bills, if any, and non-economic damages for pain and suffering, if any), and.
  • Emotional harm caused from the incident (the apprehension of a battery; the embarrassment when it actually occurred, etc.)

Is battery a negligence?

Battery is defined as, “an intentional act”. So there is a practical difference between being injured by an intentional act and a negligent act. You can still sue an uninsured person or business for injuries caused by their intentional acts. The problem is collecting the money judgment.

Can you get compensation for being assaulted?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

How do you prove battery intent?

The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff. The Act The act must result in one of two forms of contact.

Can you sue for punitive damages only?

With a few caveats, punitive damages are generally only awarded if the plaintiff was directly injured. If an act directly harmed the plaintiff then punitive damages may be awarded, but anything short of that will make it hard to justify.

How do you prove intentional torts?

Proving An Intentional Tort In general, to prove an intentional tort, the plaintiff must show that the defendant acted with intent to cause harm, or that the defendant’s actions were so reckless and dangerous that he or she should have known that harm would result.

What is harmful or offensive contact?

Created by FindLaw’s team of legal writers and editors | Last updated December 03, 2018. In both criminal and civil law, “battery” is the intentional touching of, or application of force to, the body of another person in a harmful or offensive manner (and without consent).