June 25, 2022

Assault Lawsuit: When and how to sue

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Assault is a severe crime. It is despicable for a person to bring physical harm to another person. However, if you have been assaulted, there are limits to the type of legal action that you can take against your assailant. 

It can be pretty simple to sue for assault charges, but issues complicating assault cases can also be. Therefore you must know when and how you can seek legal action against who assaulted you and how to make it crucial to your success.

What Constitutes An Assault?

In personal injury law, an assault is an act conducted purposefully by a person who creates a fear of offensive or imminent contact with another person. In legal terms, an assault is called an “intentional tort” when it is a civil case subject. As against popular belief, assault does not always constitute physical contact, at least not when in civil liabilities. 

A simple fear that another person would make offensive or harmful touching is enough for an assault to occur. When touching occurs, this physical contact in civil law would be considered a “battery.” However, both claims are often used together.

When To Sue 

Various acts can form the basis of an assault and lead you to form a civil lawsuit for assault or battery. These include but are not limited to simple battery, simple assault, sexual assault, domestic violence, vehicular assault, and assault with deadly weapons.

There are also assault cases where a third-party business owner is proved. Below are some examples of businesses that might be responsible for your injuries in which you can sue for assault. 

  • Condominium owners or landlords.
  • Employers. Usually involves negligent retention, supervision, or hiring, leading to coworker violence.

It would be best to understand who might be responsible for your injuries before discussing your case with your attorney.

How To Sue 

Before having a lawsuit, you need to determine the person responsible for the assault. The direct assaulter might or might not face criminal prosecution for the accident. Irrespective of the criminal court finding the perpetrator guilty, you can still pursue a civil lawsuit. 

There might also be other parties that are responsible in addition to the perpetrator. For example, if the assault was foreseeable or the business owner could have made efforts to stop what happened to you, they might be liable for your injuries.

If the assault was not preventable, business owners must take steps to intervene during the crime commission to mitigate possible harm. Most times, insurance companies would fight when it comes to the business owner taking responsibility. 

This is why you need skilled personal injury lawyers for hire who can help you hold business owners responsible if they could have prevented the assault or minimized the harm.

Should You Sue An Assault 

Even when you have a good case like a conviction from a related criminal case or a witness who would testify to the assault, you have to consider the financial side of filing an assault lawsuit. This is because a civil lawsuit aims to provide compensation to you (victim) that the perpetrator would pay. 

When the perpetrator does not have a huge or significant asset to cover the court’s high amount, you might not have much to recover. In addition, no liability insurance policy would cover intentional acts such as assault. Therefore, the only person on the financial hook would be the defendant. 

There are other options when you are put in danger due to another person’s negligence or make the assault easier for the perpetrator to execute. You should speak with an experienced personal injury lawyer about the situation if you are thinking of filing a lawsuit after being in an assault incident.

That’s A Wrap 

Assault is a pretty severe occurrence that you should consider legally. You have the right to sue for assault except for a select few exceptions. When you seek compensation for damages or injuries that you have sustained, it is usually more than a matter of proving you were attacked by an assaulter unprovoked and caused your injuries. 

An interesting component of filing for criminal lawsuits is that criminal assault cases do not impede your efforts to seek compensation since civil law is separate. However, filing any legal claim can be arduous and leave you struggling. 

Sometimes it could even be complicated when combined with coping with medical care and the cost of living that you have been forced to live with. However, seeking the assistance of an experienced personal injury lawyer would ensure the process becomes smoother.

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