When a person threatens violence towards another person, it is considered assault. If a person carries our acts of violence to intentionally hurt and injure another person, it is considered battery. Assault and battery cases are generally handled in criminal court, in which the guilty face penalties including trials, hearings, probation, fines, jail time, and more. But what about the victim?
Although criminal law effectively serves to punish the accused in such cases, it doesn't necessarily address the needs of the victim. This is why many victims of assault are asking about their legal rights to compensation for losses they incurred as a result of their unfortunate injuries. If you have been beat up or assaulted unfairly, you can sue. The real question is if it's worth your time. Talk to a personal injury attorney to determine your eligibility for compensation as soon as possible, before the statutes of limitations runs out.
How to Sue for Assault and Battery
If you are assaulted, the first step is to call the police. It is important to do this as soon as possible, whether from the scene of the accident, the hospital, or as soon as you get to a safe place. The police will bring along medical technicians and ambulances to ensure your health and injuries are properly managed. But if you are badly injured, call 911 first, and then the police.
Make a detailed police report and take several pictures of your injuries and the scene of the crime. If the attacker fled the scene, give law enforcement as much information about them as you can remember, including clothing, height, gender, hair color, car, and more. If you know who they are, give police everything you know about them, including contact information, residence, vehicle, employment information, and more. This will allow them to track down the accused quicker and bring them in to face charges.
The police report and medical record will be evidence towards your case against the accused. These files, coupled with the images of your injuries, records of doctor appointments and medical treatment, and eye witness statements, will build a strong case against the guilty. Your next step is to contact a personal injury lawyer. They will assess the details of your accident and determine the best legal course to take. They work on a contingency-fee basis, meaning if they do not collect compensation for you, you do not pay at all. So you do not have to worry if you can afford representation since there are no upfront fees.
As mentioned before, the real question about suing for assault is whether it's worth it or not. For example, if your injuries are not very extensive, a judge may hesitate to award you compensatory damages unless your accident and injuries directly caused you to incur medical costs and lose wages. A judge may, however, decide to award nominal damages in order to acknowledge that your rights were violated. In some cases, a judge can decide to award punitive damages. It is important to discuss your rights with an experienced personal injury attorney in order to accurately and effectively pursue a lawsuit against a person that beat you up.
Source by Sarahbeth Kluzinski