Can a Personal Injury Lawsuit Be Filed in an Assault Case? - Adamson Ahdoot LLP

Can a Personal Injury Lawsuit Be Filed in an Assault Case?

Your rights after suffering an attack could ensure compensation

The recent arrest of a man who allegedly assaulted two women in the Fairfax District of Los Angeles prompts the question, “Can a personal injury lawsuit be filed in an assault case?” Before answering this question, it’s important to look at what defines assault.

Black’s Law Dictionary defines assault in the criminal context as:

“An attempt to commit battery, requiring the specific intent to cause physical injury,”

And battery as:

“The non-consensual touching of, or use of force against, the body of another with the intent to cause harmful or offensive contact.

Assault resulting in injury (battery) is both a crime and a tort and can result in both criminal and civil cases. So, to answer the above question, yes…a personal injury lawsuit can be filed in an assault case. Civil lawsuits are usually filed by the victim to collect damages for injuries sustained by an attack or assault.

Although every case is unique and the factors surrounding a case vary, some examples of how a personal injury lawsuit could stem from assault are:

  • A partygoer punches and hits you without any warning or provocation
  • A stranger jumps you while getting into your car and tries to rob you
  • A friend gets into a fight over his girlfriend, and you get punched by his attacker because he assumes you’re on your friend’s side

Collecting Compensation for an Assault-Related Injury

Suffering intentional harm at the hands of another person can result in serious bodily harm. Some of the more common types of injuries caused by assault and battery are traumatic brain injuries, spinal cord injuries, concussions, facial scarring, broken bones, and neck and back injuries. Severe injuries, in most cases, require extensive treatment and can result in conditions requiring life-long care.

A physical attack by another person can also cause severe emotional anguish and distress. It’s not uncommon for a victim of a physical attack to suffer from depression, anxiety, and Post-traumatic stress disorder (PTSD). Statistics have shown approximately 30% of assault victims suffer from PTSD and require some type of therapy.

As the victim of assault, you may be entitled to compensation for the damages you’ve suffered as a result of an attack. By filing a personal injury lawsuit, you can ask for financial compensation for:

  • Medical bills
  • Disfigurement 
  • Emotional distress
  • Therapy
  • Lost earning capacity
  • Lost income from taking time off work
  • Property damage

Following a devastating injury caused by a physical attack not provoked by you, it can be helpful to talk to a skilled Los Angeles assault injury attorney.

At Adamson Ahdoot LLP, we work tirelessly to help our clients get the funds they need to move forward with their lives. For more information about filing a personal injury lawsuit, send us a message through our free consultation request form.

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Our team can better advise you on your legal options once we receive any available evidence about the incident.

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