Does Personal Injury Law Include Assault?
Written by Cooper & Friedman PLLC on April 7, 2025
Personal Injury Law is a very broad topic; many people wonder why law firms accept some cases, but not others. Personal injury’s definition is:
“…every variety of injury to a person’s body, emotions, or reputation, as contradistinguished from injury to property rights.”
Assault is just one of several different acts that can fall within the category of personal injury. However, personal injury law has divisions within itself in the form of different types of torts. There are three types of torts:
- Strict liability
- Negligence
- Intentional torts
While they are all types of personal injury, many personal injury law firms will have lawyers that specialize in one or two types for the best experience. Cooper and Friedman are some of the best negligence and strict liability lawyers in Louisville, KY. Because our focus remains on defending victims of those two torts, we do not normally take on cases of intentional wrongs.
Why Intentional Tort is Different
Intentional tort encompasses injuries that are caused intentionally. It can include acts such as battery, assault, false imprisonment, trespass, and intentional infliction of emotional distress. One primary issue for intentional tort cases is that proving someone’s intentions can be tricky. However, that’s not to say it is impossible. Intentional tort is different from strict liability and negligent tort because it was not an accident. Many times, criminal lawyers handle intentional tort instead of personal injury lawyers.
Criminal Lawyer vs Personal Injury Lawyer
Criminal cases and personal injury cases differ in a couple of key areas:
- Categorization: Intentional tort is normally categorized as a criminal case. Strict liability and negligence are often considered civil cases.
- Objectives: In criminal cases, the outcome is to prove whether the defendant is innocent or guilty for criminal charges brought on them. In civil cases, the objective is to prove whether or not the victim and the defendant meet criteria for the victim to receive compensation for their injuries.
Assault and other intentional torts require a defense attorney to prove a defendant’s innocence and intent in a crime accused of them so that they do not go to jail or get a fine. Defense attorneys in personal injury cases prove that the person or entity was not responsible for the accident experienced by the victim, regardless of intent to commit a crime, so that they do not have to pay the compensation resulting from physical or emotional injury or lost wages.
Does Does Personal Injury Law Include Assault? Yes and No.
In short, personal injury in its broadest sense does include assault. However, much like doctors choosing their specialties, not every personal injury law firm will practice intentional tort. At Cooper and Friedman, we do practice all three types of tort, but we only practice intentional tort when it comes to Civil Rights and Police Misconduct cases, which can include:
- Failure to protect individuals in their care or custody from harm
- False arrest
- Excessive use of force
- Jail beatings
- Prison death
- Police sexual harassment
- Wrongful prosecution or conviction
If you are unsure which type of lawyer you need for your case, or are unsure if your case a practice will take your case, reach out. Like Cooper and Friedman, many practices will offer a free initial consultation to determine if your case is appropriate for the law firm. Even if the firm ends up not taking your case, they will likely have references to other practices that specialize in the type of law that you need.
If you or someone you love has been injured in an accident in the State of Kentucky and are in need of an experienced personal injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.