When most people think of personal injury attorneys, they envision cases involving car or motorcycle accidents and the injured party suing the person responsible for having hurt them in the crash due to no fault of their own. But what about other injuries, such as though suffered by a victim of crime—can you sue a party who has assaulted you? Here is a look at your rights if you have been physically injured at the hands of someone else.
1. Can You Sue Someone Who Has Physically Attacked You?
Yes. Assault means something different in criminal charges than it does in a civil court. They don't even have to succeed in laying a hand on you for you to sue someone if they intentionally attempted or threatened to hurt you and had you had reasonable cause to believe their threat or feared bodily harm.
When you have actually been physically injured, that is called battery. It can be intentional, like a sore loser beats you up at a football game, or it can be unintentional, like the sore loser threw a beer bottle intending to hit someone else but hit you instead.
While being physically assaulted is obviously no fun, you can't sue for just your pain and suffering. You have to be able to prove you had medical expenses and/or missed work and lost wages as a result. This is obviously more difficult to prove with an assault than it is intentional or unintentional battery.
2. What Can You Be Awarded In An Assault And Battery Lawsuit?
If you have proven your case, you can be awarded economic damages, which is reimbursement for your medical bills and lost wages. If you were seriously injured and will have ongoing medical bills as a result, such as you will need multiple surgeries, you can be awarded these future economic damages as well.
In particularly egregious cases where the injuries are life-threatening or life-altering, such as you can no longer walk, you may also be monetarily awarded for your pain and suffering. Punitive damages, which are simply to financially punish the aggressor, are rare and not allowed in all jurisdictions.
3. Is It Worth Suing Someone Who Has Physically Attacked You?
It depends on the circumstances. A lot of time people who behave this way aren't exactly wealthy pillars of society. However, there may be other parties that are equally liable. A bartender who overserved the batterer before he attacked you may also be responsible. If you have been injured, your best bet is to contact a law office like Curiel & Runion, PLC so that they can evaluate your case.Share