If you’re a victim of assault, you can sue your attacker for damages. The person who attacked you doesn’t have to be convicted or charged with a crime for you to sue. If you suffered any type of damages because of the wrongful actions of someone else, you can file a suit. You can start the filing process as soon as you’re able to get in touch with a lawyer.
Assault and Battery Damages
Assault or battery victims are entitled to punitive and compensatory damages. You can recover several losses, including counseling or therapy you received because of the attack, lost wages, medical bills, fear of being in public, and pain and suffering.
If you experienced any type of trauma or emotional distress, your lawyer can include this in your case to ensure your compensation for your damages. If you have legal questions about your assault, you can visit this personal injury attorney website for answers.
What Can You Sue For?
If you’re an assault victim, you can file a civil lawsuit for:
- Assault with a deadly weapon
- Simple assault
- Simple battery
- A battery that causes serious injury
- Sexual assault
- Vehicular assault
- Sexual battery
- Domestic violence
What Classifies as Assault?
In most states, assault is defined as a threat or attempt to commit a violent act on someone else. The threat also has to be credible for you to have an assault case. For instance, you would have had to believe the threat.
If you know that the person threatening you has the ability to hurt you, this is considered assault. For instance, if a man raises his hand and says that he will hit his wife, this is assault.
Assault vs Battery
The battery is similar to assault, and it is defined as the intentional and illegal use of violence or force on another individual. It is also the wrongful threat of forceful behavior. For instance, if force is used in an altercation, the charges change from assault to battery. The force doesn’t have to be intense to be classified as a battery. For instance, if a woman throws a skillet at her husband during a fight, this is the battery.
Suing for Assault
If you’re the victim of a threat or injury that was unprovoked and force was used in the incident, you can sue for assault or battery. However, you may not have a case if contact with the defendant was voluntary. For instance, if you’re participating in a football game or a karate class, you can’t file an assault or battery case because the force or “attack” was expected.
Third Parties
Sometimes, a third party can be held accountable if you’re suing for assault. If another party had the legal responsibility to care for the plaintiff and was negligent, you may have a cause. For insurance, if you are a victim of an assault at work and your employer fails to provide a safe work environment, you may be able to file a suit against your company.
Your personal injury attorney will provide you with helpful information to help you determine if a third party is responsible for any injuries you sustained.
Should You File a Lawsuit or Criminal Charges?
You don’t have to file criminal charges in an assault case since a criminal conviction is not necessary for you to file an assault or battery lawsuit. Even if charges aren’t ever filed or the defendant receives a not guilty verdict, you can sue for damages and pain and suffering.
It’s important to file a police report to make your case more reputable as well. The report isn’t required, but if your assault was in a public area, witnesses will be more likely to comply with the police. If you have a report, the defendant won’t be able to discredit your claim. You can also use the police report to determine liability if your attacker is convicted.
Be sure to share all details about your assault case with your personal injury attorney so you’ll know what to expect throughout each phase of your case. Working with a qualified attorney also increases the likelihood that you’ll get the settlement you deserve.