And while that may serve to punish the person who committed the assault, it doesn't always address the needs of the victim. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. If you are a victim of this type of assault, not only can you sue criminally, but you can sue your attacker in a civil suit for compensation for your losses. Further categories of assault, abuse, and harassment can involve: 1. Workers' comp may cover some or all of your damages. It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. Can I Sue Someone for Punching Me? As noted above, the specific amount you could recover in an assault case will depend on your specific circumstances and injuries. It you … While you are already struggling with a difficult situation, to add insult to injury, you may also be dealing with an aggressive insurance company that will try to limit your compensation by putting the blame for what happened on you as well as by minimizing your injuries. Threats and threatening behavior may be difficult to prove if there were no witnesses and the threats or threatening behavior were not typed, written, or recorded. You may also be able to sue the location where the assault … Posted on May 5, 2018 by liljegrenlaw. Is your case really an ‘assault’? Battery requires proof of a physical contact without your consent. Assault and battery experiences can cause long-lasting scars, both physical and mental. 1230 Peachtree Street, Domestic violence, for incidents between couples, former couples, and clos… So, you can and should sue the attacker, but you may have difficulty collecting any judgment if the attacker has little in the way of assets (you can’t get blood from a stone, as they say). In personal injury cases, damages are awarded to the injured party in an effort to make them whole or come as close as possible to returning them to where they were before the injury. Copyright © 2020, Thomson Reuters. These include: Assault and battery can lead to serious physical injuries and emotional trauma. “Collections is actually the first prong. Your insurance carrier may decide to go after him. If you can’t collect it doesn’t matter how much … Are you a legal professional? Microsoft Edge. Yes, assault victims can sue for money. The damages that someone suffers because of a sexual assault deserve to be compensated and sexual assault survivors reserve the right to seek this compensation through civil law. In yesteryear, if someone threatened to hit you, it was called assault, but if they actually hit you, it was called battery. The key here is whether the person's response was a reasonable reaction to the situation. How Much Money Can I Win in a Lawsuit for Assault? Victims of assault and battery have the right to sue their attackers for (money) damages. If you decide to report the crime and cooperate with law enforcement, you … Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. Kristina Beavers, Attorney at Law. While some effects of sexual assault may relate to your physical or mental health, others may come in the form of tangible financial costs. The last element should involve the person … There could also be a loss of consortium, loss of services, or additional pain and suffering or mental anguish. Before this article answers if suing for beating you up is possible, let us first define what assault is. However, if there was another party indirectly responsible for the attack, such as a bar for failing to provide security or replace a burnt-out streetlight, you might be able to recover a higher settlement. And, of course, the lost wages and income due to being injured. *THIS GUIDE IS NOT INTENDED TO SUBSTITUTE FOR LEGAL ADVICE.This is a very brief outline, written for survivors of childhood sexual abuse, of some things to consider as you try to decide whether or not to pursue a legal claim against your abuser. California law does not require a … Internet Explorer 11 is no longer supported. The most you can be awarded depends on the number of … But there could be additional damages that aren't so clear. All rights reserved. I have helped clients recover compensation for a variety of damages that another person caused. Fearful thoughts of future well-being can become a new way of life. If someone accused of assault and/or battery was responding appropriately to a threat of harm, then a lawsuit for assault and/or battery probably won't succeed. But how much can they get? The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, th… Fill out the short form below and we’ll contact you within one business day. I would like to discuss your case with you to provide further information. Simple as that. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This can all lead to a decreased enjoyment of life. Call me at 404-842-7838 today so that I can walk you through the steps of pursuing compensation. If you were unable to reach a … To recover compensation for assault and battery, you must prove that another party assaulted or physically attacked you or was responsible for the attack. Yes, assault victims can sue for money. Whom Can You Sue? If you sue only the individual who attacked you, you are likely to receive a small settlement. Both of these are considered causes of action in civil law and both can be grounds to sue the other party. For an assault the victim just needs to be in fear of harm from the actions and there doesn’t need to be any physical contact and of course for battery there does need to be physical contact. It is important to have an attorney build up your case to be sure that you do not leave any holes the defense can attack. Sizable settlements can be reached with those guilty of sexual assaultor even third parties whose negligence contributed to the assault taking place. Assault requires proof that another person intentionally caused you fear of immediate harm. Simple Assault. How much you can get for pain really depends on the situation. Google Chrome, You will have a much better chance of obtaining compensation if a property owner is legally responsible. You may want to consult our damages estimate worksheet to get an idea of your damages. ©2020 Law Offices of Sheryl L. Burke, All Rights Reserved, Reproduced with Permission. Suite 1900, Failure to Yield Accident Lawyer in Atlanta, Uninsured Motorist Accident Lawyer in Atlanta, Distracted Driving Accident Lawyer in Atlanta, Age of the victim at the time of the assault and battery, Length of time needed to recover from injuries, the permanency of the injuries, Extent of medical care required to reach maximum improvement, Lifestyle of the victim before and after the injuries, Average income and future earning potential of the victim, The circumstances leading up to the assault and battery, Quality of evidence available to prove wrongdoing, The amount of insurance coverage available and/or collectability of the perpetrator, Over-the-counter and prescription medication, Costs incurred to replace household labor that you can no longer do yourself, Child care expenses necessitated by the injuries. How much you can claim in compensation for assault will always be driven by the unique circumstances of the incident. For example, if someone punches you at a bar, you have been the victim of battery. You could have future medical expenses as well. These days, the meaning of the two terms has blurred and, in many states, assault can mean either the threat of bodily harm or the bodily contact itself. My team and I will look into your assault and battery and determine what parties we can hold liable. In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. It is not exhaustive and it does not take into account the particular and unique character of your claim.Also, the laws of each state vary and this area of the law is evolving rapidly, here in California as elsewhere. Injury damages in any case will be determined based on the circumstances of each case, and only to the extent that specific injuries can be tied to the defendant's actions. I cannot give legal advice because there is no attorney-client relationship at this time. Note on criminal vs. civil assault : Assault … Sexual assault can include anything from domestic violence or rape to sexual harassment. Sexual assault can affect your life in a number of ways. Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. How much you can sue for after an assault and battery depends on the circumstances of your case — the severity of the attack and how your injuries have affected (and continue to affect) you. However, typically you will be able to claim for compensation for: Care costs – if you … In Virginia, where Colleen practices, she looks at liability, damages and collections. Battery refers to any intentional hits the victim suffered. YES. However, we will look into your case to determine if there is any other way to prove assault took place. In the same way a victim of a car accident can sue the party responsible for their injuries, the victim of an assault may be able to sue the person … A tort is a civil wrong, as opposed to a criminal wrong. You can calculate the amount of money you can recover from another party (or parties, if there was more than one perpetrator) by using a variety of factors. You can contact our lawyers to find out if the facts of your case support a claim against the person who harmed you and others, for example a landlord or other property owner. When an altercation gets physical, serious injury can occur. This is the most basic type of assault charge in Canada, and, at this level, can be prosecuted in two ways. For example, there are often cases of premises liability where a person may have been assaulted on … How much money can I get if someone … Most cases of assault are handled by criminal courts, through trials, fines, and jail sentences. For example, if someone threatens to punch you while raising his fist, he has committed assault. Assault involves an intentional attempt to harm another person, regardless of whether the harm occurred or not. We recommend using That is left to the civil courts. You can sue someone for assault with the intent to win financial damages because the act can be both a crime and a tort. If he has nothing, you get nothing. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Whether your sexual assault happened 6 months ago or yesterday, we can help you get the answers or justice you seek. Are You Worried about Your Georgia Personal Injury Settlement Amount? Do I need to file criminal charges first or can I just file a lawsuit? The person that perpetrated the act should have known the verbal assault against the victim would cause some sort of negative impact that at least would include illness. Many people … Because these are serious allegations, we must provide strong evidence the assault or battery took place. For example, if someone kills another person, the perpetrator can … I am that attorney. Permanent disfigurement or disability can change a victim’s life forever. Know Your Rights after a Workplace Accident in Atlanta, Law Offices of Sheryl L. Burke - Ponce de Leon, Law Offices of Sheryl L. Burke - Promenade Two, Promenade Two Building Two potential charges can fall on aggressors following a fight: civil and criminal. Punitive damages could increase the value of your case to over $250,000. For example, surveillance video or testimony from a bouncer will be helpful in proving the assault or battery occurred. These incidents can also force victims to deal with intrusive thoughts about what happened and whether they could have avoided it. Firefox, or First of all, let’s define “assault” right off the bat. 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