How Personal Injury Lawyers Can Help Victims of Verbal Assault
A personal injury lawyer intimately understands the nuances of what encompasses a verbal assault. Most people think of assault more in terms of a physical act. But there are legal consequences for verbally assaulting a person as well. In fact, the word assault when used in reference to the legal phrase “assault and battery” specifically refers to the immediate threat of a harmful action, not the actual physical act.
An assault can be both a crime and a tort, which means that the plaintiff can sue to recover money for damages. Under the law, some verbal threats are considered an assault. So, a person can be found liable for a verbal assault, even without actually touching their victim.
If you have been the victim of an assault and battery, even if it’s a verbal assault, you can pursue a civil claim against the assailant. First, sort out the events with law enforcement. If they find 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. This will also give you a good idea of how strong your case will be.
A lawyer will explain to you how the law defines assault. Not all verbal assaults will be found criminal. But, if your personal injury lawyer can prove that there was an intentional unlawful threat to cause bodily harm to you, and that threat creates a well-founded fear of imminent peril, you could be awarded monetary compensation on top of any potential criminal charges that could be levied against the defendant.
There are other criteria for proving someone guilty of verbal assault: consent, self-defense or the defense of others, and defense of property, to name a few. An effective personal injury lawyer can use their knowledge of these nuances in the law to effectively prosecute the verbal assault case on your behalf. And remember, it is customary for a personal injury lawyer to work with clients for free unless there are damages recovered. This may exclude certain expenses incurred by your attorney, but nonetheless, it’s good to know. Especially since, if a personal injury attorney takes on your case, he or she sees something that indicates that you have a winnable lawsuit.