Louisiana Complaint regarding Assault and Battery

State:
Multi-State
Control #:
US-CMP-10048
Format:
Word; 
Rich Text
Instant download

Description

This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
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FAQ

(1) "Harassing" means the repeated pattern of verbal communications or nonverbal behavior without invitation which includes but is not limited to making telephone calls, transmitting electronic mail, sending messages via a third party, or sending letters or pictures.

§. Assault defined. Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.

A. Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged and who is incapable of consenting to the battery due to either of the following: (1) Advanced age.

Simple battery is a battery committed without the consent of the victim. B. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

Time Limits on Claims Assume one person wants to sue another for assault and battery. Assume also that the statute of limitations for assault and battery is two years. In a typical case, the plaintiff would have two years from the date of being hit by the defendant to file suit.

A. Simple assault is an assault committed without a dangerous weapon. B. Whoever commits a simple assault shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both.

Second degree battery is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.

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Louisiana Complaint regarding Assault and Battery