If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help. A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses ...
If you have been sexually assaulted or raped, contact Morgan & Morgan to confidentially discuss your case with our sexual assault attorneys. We understand the seriousness of your situation. Morgan & Morgan treats clients like family â your legal team will navigate your case with privacy, respect, and compassion, ensuring youâre given the best service possible.
If you are the one being accused of assault or battery, look for a criminal defense lawyer to represent you. However, if the victim is suing you for their injuries, hiring a personal injury defense lawyer will be your best bet. Prosecuting Assault
Answer. If you have been the victim of a physical attack such as an assault, you have the legal right to get compensation for your medical expenses and other losses. You can do this by filing a personal injury lawsuit alleging that the attacker committed the intentional tort of assault, and you were harmed as a result.
Criminal defense lawyers may appear in court more frequently than other types of lawyersâespecially if a case goes to trial.
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If you're charged with a crime If you can't afford a lawyer, a public defender will usually be appointed to you. However, it is in your best interest to retain a lawyer â and a good one, if possible. You don't want to end up in jail long-term, and hiring a lawyer might also help you avoid paying a serious fine.Dec 5, 2014
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You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020
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Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018
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When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.
Whether you are the victim of an assault, or youâve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Letâs dive into the types of assault charges you can file.
How To Press Charges For An Assault. When you have made the decision to file charges after an assault, you need to visit your local police department. For whatever reason, if you are not physically able to visit the police station , you may call them over the phone. All you have to do to kickstart the process is express that you want ...
Either way, an assault is a serious offense in the eyes of the law, and pressing charges against an individual or group of people is an effective way to begin the process of finding justice, closure, and peace. Whether youâve seen an assault happen or experienced it firsthand, it is extremely important to know what your options are.
However, they should ensure that they follow the appropriate procedures to do so to ensure their safety and the successful convictions of their assailants.
Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms âassaultâ and âbatteryâ used interchangeably.
The amount of time you have to press charges for an assault depends on your stateâs statute of limitations, which typically ranges from a couple of years to six years. However, it is always advisable to report the crime regardless of how long it has been. The sooner you press charges for the assault, the better the investigation will be.
I was assaulted and left with a permanent injury and disability. Can I sue the attacker? How much would I get?
If you have been the victim of a physical attack such as an assault, you have the legal right to get compensation for your medical expenses and other losses. You can do this by filing a personal injury lawsuit alleging that the attacker committed the intentional tort of assault, and you were harmed as a result.
You need to consult with an experienced personal injury/premises liability attorney as soon as possible. Most of us will provide you with a free consultation.
The State's attorney is your attorney for purposes of the criminal matter. The criminal conviction will settle all civil issues except damages. If you incurred expense for medical bills, lost wages, etc, advise the State's Attorney. She can seek restituion as part of any sentence. That is probably the only way you would get any money...
For the criminal action you most likely would not need an attorney. If you were involved in some crime at the time of the assault then you may need one however to make sure you don't incriminate yourself. Civilly you may want to contact a personal injury attorney in your area to file suit against them for your injuries.
You are a witness, not a party, to the criminal case. You don't specifically need an attorney for that case, but you would need an attorney to litigate the civil case against the defendants.#N#Given that you were "recently" assaulted, you are not in danger of having a statute...
A trusting patient with an unscrupulous doctor; a train passenger trying to enjoy a peaceful journey; and a young woman sleeping in her own home. All victims of sexual assault committed by perpetrators who were later found liable for their crimes.
There are three prongs in deciding whether or not a criminal assault can be pursued as a personal injury case. In Virginia, where Colleen practices, she looks at liability, damages and collections.
Most states recognize a civil cause of action for assault and battery. For example, a victim of sexual assault may bring an action for false imprisonment against a perpetrator of a sexual assault if the victim had his or her freedom of movement restrained during the attack.
For example, malpractice may come into play if the perpetrator is acting in a professional capacity, such as a doctor who assaulted his or her patient.
Employers may be held liable in assault and battery cases if an employee acting in the scope of his or her employment, within the ordinary course of business, commits an assault. Employers also have a duty to inquire as to the employeeâs âpast record, habits, or general fitness for the positionâ of hire.
Significant injuries; alleging mere fear is insufficient. Psychological or emotional damages supported by testimony of medical professionals. Lost wages and earning capacity, medical bills, counseling bills, loss of household services and prescription and medication costs.
Sexual assault and domestic violence survivors should first and foremost work with police to pursue criminal charges against the attacker. As part of both the criminal and civil cases it will be important for the victim to preserve evidence from the attack. They should also seek the help of medical and mental health professionals as they are working through the trauma.
During your arrest, the police will read your rights as they handcuff you. The only phrase to pay attention to is âYou have the right to remain silent.â As lawyers, we always advise our clients to make use of that rightfully. Keep your mouth completely shut. This is because anything you say can and will be used against you in the court of law.
Being that false accusation is a crime, you can scare off the accuser. We must make complainant know they will be charged if the accusations are false. We then go ahead and line up the charges they are risking to face. If at all they have no chance of winning the case, they will withdraw their charges.
Many clients usually say âIf I just have a few words with the accuser, I may save myself.â We have never seen that turn out well. Once you are accused, such thoughts should be discarded from your mind immediately. Having any contact with your accuser can make matters worse than they are. By doing that, you will be helping the complainant to build a strong case.
A plea deal is where you are asked to plead guilty in exchange to some leniency. Most plea deals tend to reduce your sentence. No matter how good the plea deal is, try and avoid it as much as possible. Any great lawyer will tell you to keep off the plea deal and take your chances.
When it comes to legal fights, envision a one-on-one sport. Your opponent does it often. You never have, or maybe twice. So, you'll likely lose â making beginnersâ mistakes your opponent doesnât. For that reason, businesses often win against individuals â having built trial law muscle over decades.
Still, prior subject expertise doesnât hurt. If suing your broker, itâs handled via arbitration under the brokersâ self-regulatory organization, the misleadingly yet authoritatively sounding Financial Industry Regulatory Authority (also called FINRA). Your odds in FINRA arbitrations are good. They pay off often. Study FINRAâs website.
If your lawyer candidate doesnât warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will.