Assault vs. Personal Injury - What's the Difference?

A lot of people use the phrase "personal injury" in place of "assault," but they describe two different instances entirely. Yes, an assault is an injury on a person, but that does not make it a personal injury in a court of law. Personal injuries are the result of someone else's negligence, like in the event of a car accident or dog bite. Someone was supposed to ensure a victim's safety, and he or she failed to do so. In the case of an assault, one person made a fully conscious effort to harm the other person.

To put matters into perspective, personal injuries happen on accident and assaults happen on purpose. There may be a few grey areas in between there, but for the most part, it's pretty cut and dry. Both occasions can be tried in court, and both of them can result in pain or medical need. Nevertheless, they are caused by different instances entirely.

Proving Fault for Personal Injury Cases

If you think you are the victim of someone else's negligence, you have to find a way to prove that they caused your injuries. For instance, let's assume that you slipped in a business because someone didn't put up a wet floor sign. You could sue the business, using the lack of signage as proof of responsibility. As long as there is a way to show that the other party is to blame for your pain, you have a case.

Proving Fault for Assault Cases

Most assault cases are your word against his situations. If you have witnesses that saw the fight, it may be easier for you to prove matters because of the witnesses' testimonies. The person held responsible for the fight is going to be the one who initiated it, which is why it is always important to let someone else make the first move. Then you can claim you were acting in self defense.

Hopefully, you never go through an injury that is worthy of a lawsuit. If you do though, the information above should help you determine how your case would be categorized. Seek out a good accident and injury lawyer to help you through your case, and provide as much proof as possible for it. The more evidence you have, the better off you will be. There is no need to pay for medical bills that are someone else's responsibility. Take action when you can, and you won't be out anything whatsoever. 

Marcus Evermore is a blogger, writer, and generally funny guy. He lives and works in Salt Lake City, Utah writing on issues of importance to the legal field.