Can I Have A Civil Claim For Suffering Injury Due To An Assault And Battery?
If you have been the victim of an assault and battery you can most certainly pursue a civil claim against your assailant, which is best done with the help of a personal injury attorney. However, the first thing you should do is call the police. If law enforcement finds that there is sufficient evidence, they will then forward your case to the District Attorney's office to prosecute the person who committed the assault and battery.
A Civil Case for Assault and Battery
Your next step will be to hire legal counsel. If you have a civil case against your assailant, this will involve suing the person who committed the assault and battery against you to recover damages for your injuries.
If you want to sue someone for the injuries you incurred during an assault and battery, you will do so in civil court and need an experience a lawyer to represent the facts in your case.
How to Recover Damages for Assault and Battery
Many assault and battery cases involve people who do not have insurance or sufficient assets to pay for a victim's injuries. This proves to be a tremendous obstacle when trying to recover your losses. However, if your perpetrator does have sufficient assets, you may be able to recover damages associated with medical expenses, loss in earnings, and pain and suffering.
If you or a loved one has been the victim of an assault and battery, you should speak to a personal injury attorney immediately to learn more about the actions you need to take ensure your rights are enforced.
A legal professional will explain what, if any, damages you can recover. They can also help guide you through what can be complicated legal process. As an added benefit, most personal injury attorneys work on a contingency basis. That is, they do not charge you their normal legal fees unless you recover damages. That is not to say that there aren’t any fees involved if you do not win.
You may still be responsible for expenses that your personal injury attorney incurred in pursuing the case. This might include fees for obtaining investigative services, expert witnesses, court costs, etc. But generally speaking, if a personal injury attorney or accident attorney
takes your case, they already feel comfortable that your case is solid enough to bring about some sort of settlement.