Can I Sue The Person Who Shot Me?
Assault with a deadly weapon is often the charge used when one person shoots another. The victim of assault injury feels the pain of their injury, which can often be very serious, no matter what the intent of the shooter. However, a personal injury attorney
will confirm that intent can often make the difference between a felony criminal charge for the shooter or a misdemeanor. Both can have serious consequences for the perpetrator, though they will not make much difference to the victim of assault injury.
Types of Victim of Assault Injury
When there is a shooting accident, the perpetrator will probably have criminal charges filed, but it will be up to the judge to determine the degree of intent, how much the victim of assault injury suffered, extenuating or exacerbating conditions around the shooting, and more. Yet the victim of assault injury, especially if it is assault with a deadly weapon, has the option of consulting a personal injury attorney and filing a civil suit for assault injury, or choosing a personal injury attorney and filing a personal injury suit.
A shooting can be the result of a number of circumstances, which a victim of assault injury must determine with their personal injury attorney and a judge. They can include intent to commit murder; aggravated assault with the intent to injure; accidental shooting, which can mean handling a deadly weapon foolishly; or a true accident, which can occur when simply cleaning a gun. If you have been the victim of assault injury, you should contact a personal injury attorney and explain the circumstances of your victim of assault injury. You will have to decide whether to employ a personal injury attorney to file the appropriate lawsuit.
If the perpetrator was charged with a serious criminal offense such as aggravated assault for causing your victim of assault injury, your assault injury lawyer will have a much easier time pursing a lawsuit successfully. If the perpetrator was charged with a lighter charge, you may want to contact a personal injury attorney to file your personal injury claim.
Pursuing an Assault Lawsuit
If your personal injury attorney determines that you have grounds to file a lawsuit against the shooter, your personal injury attorney will first investigate the circumstances of your victim of assault injury thoroughly. If you have evidence you can give to your personal injury attorney such as pictures of your injury, pictures of the scene of the shooting, witnesses who are willing to testify, and more, it will strengthen the lawsuit your attorney can file for your victim of assault injury.
In addition, your personal injury attorney will investigate the defendant thoroughly to determine if they have a history of violence or have been charged with other crimes, and the degree of intent they had toward you as the victim of assault injury. An experienced lawyer will also investigate the site of the shooting for additional evidence proving that you are a victim of assault injury.
A personal injury attorney will next evaluate the level of compensation to ask for as a victim of assault injury. A personal injury attorney will have three types of damages to consider. The first type a lawyer will consider is compensatory damages for things like medical expenses, lost wages, and household care because of your victim of assault injury. The second is nominal damages, which are awarded to acknowledge the assault on the rights of a victim of assault injury, even if there was no actual injury. The third type of damages both a personal injury attorney will examine is punitive damages, which are awarded in especially severe cases where there was flagrant recklessness and intent to injure the victim of assault injury. Punitive damages are intended to punish the defendant for what they have done to the victim of assault injury. .
Adjudication of an Assault Lawsuit
Finally, your personal injury attorney
will meet the defendant and their lawyer to discuss a settlement. If you and your assault injury lawyer has compiled sufficient evidence, the defense may allow your personal injury attorney to claim a significant amount of the compensation you requested for your victim of assault injury.