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 a case of assault?” 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, leading to criminal and civil cases. Therefore, a physical injury lawsuit can indeed be filed in an assault claim. Victims typically file civil lawsuits to seek damages for the injuries they sustained from the attack or assault.
Examples of Personal Injury Lawsuits Stemming from Assault
Although every assault case is unique and the factors surrounding a case vary, some examples of how a harmful incident 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 from another person can lead to severe bodily injuries. Common injuries from assault and battery include:
- Traumatic brain injuries
- Spinal cord injuries
- Concussions
- Facial scarring
- Broken bones
- Neck and back injuries
These serious injuries often require extensive treatment and may result in conditions needing lifelong 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 show that approximately 30% of assault victims develop PTSD and require therapy.
As a victim of assault, you may be entitled to compensation for the damages you’ve suffered. By filing a physical injury lawsuit, you can seek financial compensation for:
- Medical bills
- Disfigurement
- Emotional distress
- Therapy
- Lost earning capacity
- Lost income from taking time off work
- Property damage
Legal Definitions of Assault and Battery
Understanding the legal terms of assault and battery is crucial in determining the course of action for a case.
Assault, in the legal sense, involves an intentional act that creates a reasonable apprehension of imminent harm. Battery, on the other hand, involves physical contact that results in injury.
Types of Assault and Physical Harm
Aggravated Assault
Aggravated assault is a more severe form of assault that usually involves a deadly weapon or results in serious injury. This type of assault can lead to more severe criminal charges and higher compensation in a civil suit.
First Degree Assault
First-degree assault involves an intentional act that causes great bodily harm or consists of the use of a dangerous weapon. This is considered a felony and carries severe penalties.
Second Degree Assault
Second-degree assault involves intentionally causing physical harm to another person without a deadly weapon. This can also result in significant legal consequences and the possibility of a civil lawsuit for damages.
Simple Assault
Simple assault refers to an attempt or threat to inflict physical harm without actual physical contact. While less severe than aggravated assault, it can still result in a civil lawsuit for damages.
How to Pursue a Personal Injury Lawsuit for an Assault Case
Filing a personal injury lawsuit for an assault can help victims recover compensation for their injuries. This compensation can cover:
- Medical bills
- Lost wages
- Pain and suffering
A skilled assault lawsuit attorney can assist victims by:
- Navigating the legal process: Guiding you through each step of filing and pursuing a lawsuit.
- Building a strong case: Collecting and presenting evidence to support your claim.
- Negotiating with insurers: Working to secure a fair settlement for your damages.
- Representing you in court: Advocating on your behalf if the case goes to trial.
By seeking legal assistance, victims can increase their chances of obtaining the compensation they deserve.
The Role of an Assault Lawyer
Steps to Take After an Assault
If you have been the victim of an assault, there are several important steps you should take:
Seek Medical Attention
Your health and well-being should be your top priority. Seek medical attention immediately after the assault to address any injuries.
Report the Assault to the Police
Filing a police report establishes an official record of the assault, providing crucial evidence for a personal injury lawsuit.
Gather Evidence
Collect any evidence related to the assault, such as photographs of injuries, witness statements, and medical records.
Contact an assault attorney
An experienced assault lawyer can help you understand your legal options and guide you through the process of filing a lawsuit.
Contact Adamson Ahdoot for a Free Consultation
If you’ve suffered a devastating injury from an unprovoked physical attack, consulting a skilled Los Angeles assault injury attorney can be crucial. At Adamson Ahdoot LLP, we are dedicated to helping our clients secure the compensation they need to rebuild their lives.
For more information about filing a personal injury lawsuit, contact us through our free consultation request form or call (800) 310-1606. Our experienced team is ready to assist you in navigating the legal process and fighting for your rights.
