Injuries and mishaps are an unfortunate part of life. However, if you are injured due to a physical attack in which someone has deliberately hurt you, legal help is available. Beyond involving law enforcement to hold the offender accountable for the attack, you may be entitled to compensation.
A personal injury lawsuit can help cover the costs to treat your injuries, as well as compensate you for other distress you may have suffered. With the right legal team on your side, you can get the payment you deserve.
Understanding Assault and Battery
When it comes to physical attacks, the issues of assault and battery are usually at play. Though these two acts are similar, there are differences. Also, both can result in criminal charges and civil lawsuits.
Assault is an intentional act meant to cause harm. It does not have to be the actual act of striking or attacking someone. For example, threatening to harm another person can result in an assault charge. A perpetrator could pose this threat with his or her body, with a weapon, or with an object such as a vehicle. In most states, the victim’s fear of being harmed is enough to warrant an assault charge or lawsuit.
Meanwhile, battery is intentional contact with another person that is offensive or causes harm. It is the actual use of violence or force. In many cases, battery can be considered the completion of an assault. This is why the two crimes often go hand in hand.
What Damage Can You Recover From a Personal Injury Lawsuit?
In a criminal case for a physical attack, the offender may receive jail time, probation, or fines. In a personal injury lawsuit, you could seek damages for the harm you received. If you suffered serious injuries from the attack, you likely would have needed medical attention. You could seek damages to help pay for the medical care you got to address the effects of the attack.
Compensation could cover hospital stays, surgeries, doctors’ office visits, medication, medical equipment, and rehabilitation. It can also cover future medical care that you need as a result of the attack.
In addition to medical care, you could seek damages for the time you missed at work and how the attack interfered with your ability to earn money. For instance, if you were so badly hurt that you had to take time off work or could not perform your regular job duties, a personal injury lawsuit can compensate you for lost income. If the injuries were so severe that they impacted your long-term ability to work, you may be able to sue for such damages as well.
Another important harm to consider is mental and physical pain and suffering. People who suffer an assault or battery can have anxiety, depression, and other trauma following the event. A lawsuit can address how the attack affected you mentally and emotionally, as well as its impact of physical pain.
What You Must Prove
Following a personal attack, if you intend to pursue a lawsuit, you and your attorney must prove that you suffered an assault or battery. Various factors will dictate the type and amount of damages you can recover. For example, the court will consider the seriousness and extent of your injuries. A few bruises and scratches will not result in the same compensation as internal injuries, traumatic brain injuries, and broken bones.
Whether you sought medical treatment promptly after the incident will also play a role in the lawsuit. You will need to provide records of your medical treatment and evidence that your injuries are consistent with your claims.
When to File A Lawsuit
You should speak with an attorney as soon as possible after the incident. If you decide to pursue a lawsuit, remember that every state has a statute of limitations, which is the time in which you can file a lawsuit. This will vary from state to state. Some states allow for up to four years from the time of the incident, while other states have only a one-year limit.
The Bottom Line
If you suffered an injury from a physical attack or have other effects from such an incident, talk to an attorney today. Call the professionals at Friedman Law at 402-476-1093 to discuss your case.