Perpetrators Can Be Sued. After suffering an assault and battery, victims expect that their assailant will only have to deal with criminal consequences. While criminal charges aim to punish wrongdoers for their actions, it may not really help victims. If you have sustained a serious injury from an assault, initiating a claim against the person who hurt you could give you meaningful compensation and make you better able to focus on your recovery.
To prevail in a personal injury action for an assault, you will need to present evidence showing that the defendant knowingly caused you physical harm. Attorneys with clients who experienced physical trauma and violent altercations help their clients assemble the proper evidence to prove their claims. Examples could include medical records, photographs, or video recordings of an assault. These injury attorneys can also help with getting depositions or other testimonial evidence to strengthen a claim.
There is no bright-line formula for determining the value of a claim for assault. The way that an injury affects you is unique to you. Relevant factors for consideration may include the cost of your medical care and your loss of income while you were recovering.
In civil trials for personal injury, claimants must prove their case by a preponderance of the evidence. In effect, they must persuade the trier of fact that what they allege is more likely than not to be true. Making this showing is easier than proving guilt beyond a reasonable doubt in a criminal trial. Consequently, someone who averts a criminal conviction may still be civilly liable to a victim.
Victims of an assault have a limited time to pursue a remedy for their injuries caused by an assailant. Taking timely action before the statute of limitations expire can help you preserve your legal rights and get just compensation for your losses.