What could I do to someone who physically assaulted me resulting in my going to the hospital?
Full Question:
Answer:
An assault is any unlawful attempt or offer with force or violence to do bodily harm to another, which may involve extreme carelessness. It generally requires an intention, coupled with a present ability, of actual violence against the person. When the injury is actually inflicted, it amounts to a battery.
It would be a matter of interpretation for the court to determine whether the intent to inflict harm was present or not. While a person may not intend to actually strike another, if a person's actions could reasonably be foreseen to result in injury, he/she may still be liable. What is reasonably foreseeable is a subjective determination made by the court on a case-by-case basis, taking all the facts and circumstances into account.