Typically, assault and battery are criminal legal issues. However, in some instances, a victim might want to sue the offender personally for damages. Regardless of whether or not the attacker is convicted of the crime, the victim can still sue them. The only caveat is that the victim had to have suffered damages due to the attack.
Suing For Damages
After an assault and battery attack, the victim may be able to obtain compensatory and punitive damages for things like:
- Medical expenses.
- Lost wages for time off to recover.
- Lost earning potential.
- Pain and suffering.
- Psychological therapy.
- Loss of enjoyment for life.
- Sleep disturbance
- Anxiety or depression.
- Emotional distress.
Some of the violent acts a victim can sue their attacker for include:
- Assault and battery.
- Simple assault.
- Sexual assault.
- Simple battery.
- Serious bodily injury.
- Assault with a deadly weapon.
- Vehicular assault.
- Domestic violence.
- Sexual battery.
What is Assault?
Most personal injury cases are due to accidents, but some injuries result from intentionally inflicted harm, such as assault. Assault is defined as an intentional act that causes a victim to feel a “reasonable apprehension of imminent and harmful contact.” That means the victim expects to be physically hurt or damaged in some way by the attacker.
It could be as simple as someone forming a fist and threatening to punch another person. Sometimes assault is when an offender points a loaded gun at another person to scare them or coerce them into doing something (like filling a bag up with money during a bank robbery).
What is Battery?
Battery is when someone makes intentional and harmful contact with another person. An example would be someone punching another person in a bar fight. It could also involve a person setting a trap or rigging an accident so that the victim gets hurt at a later date.
The victim does not necessarily have to be physically hurt for the battery to take place. The attack could be just offensive.
What to Do After an Assault or Battery Incident
If you are the victim of assault or battery, get medical help as quickly as possible. Save all your medical bills and documentation.
Gather evidence and obtain witness statements if possible. Take pictures of any damage (torn clothing, damaged property, injuries, etc.).
Contact law enforcement to file a police report so that local police can proceed with a criminal case.
Contact your personal injury lawyer to discuss your case and whether you should also file a civil lawsuit.
Where to Turn for Help
Contact Neufeld Law Firm for help with your assault and battery case. We are experienced personal injury lawyers with a long track record of results. We want to help you get the damages you deserve.