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Attorney Ask an WITH LANE SIESKY / SIESKY LAW FIRM, PC

Focusing on personal injury, civil litigation, whistleblower claims and workers' compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys - including Lane Siesky, Daniel Gearhart and Douglas Briody - boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the fi rm's aggressive representation of its clients continues to benefi t the community in myriad ways.

Q: Like everyone else, I was transfixed by the "slap heard around the world" at the recent Oscars ceremony. I'm curious to know what the legal options are in "real life" - i.e., if someone I knew came up to me and landed a sucker punch in retaliation for something I said to them or to their significant other, how could I respond from a legal

standpoint, assuming that, as in the Will Smith/Chris Rock scenario, there was no lasting physical damage? Would I be able to claim

emotional damage?

A:When someone “touches” another person there can be legal ramifications depending upon the particular facts of the situation. The incident could warrant criminal charges and/or civil liability. For instance, a “battery” is known as a physical act that results in harmful or offensive contact with another person without that person's consent. “Sexual battery” happens when a person touches a victim in order to arouse or satisfy their own or another person's sexual desires. A battery can lead to criminal and/or civil causes of action. From a criminal perspective, the decision to bring criminal charges is in the discretion of the prosecutor’s office with input from the victim.

From a civil standpoint, if the battery is severe enough there can be a claim for emotional damages. A claim for emotional damages can be brought by claiming either the negligent or emotional infliction of emotional distress. However, it will be the victim’s burden to prove emotional damages and in a civil case the decision of how much, if any, money to award a victim for emotional damages is left to the discretion of a jury.

Instances of unwanted physical touching happen all the time, we just don’t hear about them because the incidents don’t always involve famous people like Will Smith and Chris Rock. So, if you or a loved one has been a victim of a battery, contact a knowledgeable attorney to counsel you on the merits of your case and next steps.

Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.