how do i hire a lawyer if i believe i was assaulted

by Hershel Bahringer 6 min read

When to Hire an Aggravated Assault Lawyer Being charged with aggravated assault is devastating. But an aggravated assault lawyer can help. Call one if you’re struggling to understand the laws. Have an attorney by your side if you’re taken in for questioning or asked to appear in court. Have an attorney look into a deal offer.

Full Answer

When should you hire a civil assault and battery lawyer?

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.

What to do if you’re a victim of an assault at work?

If you’re the victim of an assault at work, don’t sign away your rights to full compensation. You have too much to lose. Most law firms offer free consultations to injury victims. It costs nothing to find out what an experienced personal injury attorney can do for you.

What should I do if I need an attorney after being arrested?

The police should not question you after you have requested an attorney. Call friends or family. You might not know the name or phone number of an attorney, especially if you’ve never been arrested before. In this situation, you should call friends or family and ask them to find an attorney for you.

Do you have to hire an attorney to go to jail?

You have to agree to hire an attorney. Although your family might call someone to go see you in jail, that person isn’t your attorney until you hire him or her. The attorney should send you a “retainer agreement” or “engagement letter” for you to read and sign. The agreement should identify the following:

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What is FindLaw for?

Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional distress, or pain and suffering.

What to do if you are threatened with physical harm?

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 Lawyer Holds Prosecutors to their Burden of Proof

As a former prosecutor and now as a criminal defense lawyer, I’ve seen it all. I know that police officers and prosecutors overreach and over-charge. But I’m less concerned with what the police say happened that I am with whether the arrest was conducted properly and what the prosecutor can prove.

How a Lawyer Can Help

Police officers are most concerned with getting information they can use to help prove you guilty. It’s not their job to explain the nature of the charges against you, and they’re not on your side.

What to do if you can't reach someone in jail?

If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. Each jail has a different policy.

How to talk to a lawyer in jail?

Ask to make a phone call. Once you are booked, you should tell a jail guard that you want to talk to your attorney. You need to be explicit. Say, “I want to talk to a lawyer. Can I make a phone call?”

How to find a criminal defense attorney?

Depending on what you have been charged with, you may be able to find an attorney who works solely on your type of case. This specialization can be an incredible advantage for you as these attorneys will have a wealth of experience dealing with the particulars of your type of case. To find a specialist you can look through attorney websites and other resources. Additionally, some states offer specialization designations for attorneys who show competence in a particular area of the law.

What to do when you trust someone on the phone?

If you trust the person you call, have them contact an attorney for you. Say nothing else to your friends or family. For example, don’t start talking about the crime. Often, the police record the conversations people have using the phone.

What to do if you are arrested for a crime?

Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible. Whether you were arrested for a minor criminal violation (e.g., state law possession of marijuana) or a serious felony (e.g., federal terrorism charges), a lawyer will help you negotiate with prosecutors, represent you in court, and ensure you receive a fair trial. Even if you do not end up hiring an attorney to represent you, they can still help you understand the charges against you.

What to do after being arrested?

A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.

How to determine if you are being charged with a state or federal crime?

To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e.g., U.S.C.), you are being charged with a federal crime.

Should You Sue?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator. If the person who assaulted you doesn't have significant assets, there may not be much to recover, even if you're "awarded" a high amount in court. That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn' t the same as collecting it.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

What is an assault in personal injury?

In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an " intentional tort " when it is made the subject of a civil case.

What is punitive damages?

Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.

What is economic damages?

Economic damages are designed to reimburse you for any costs and expenses associated with the assault. Common components of economic damages include medical bills (including cost of future care) and lost income.

Is assault a civil liability?

Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a " battery " in civil law, although both claims are often made together. Learn more about assault and battery as personal injury claims.

How to notify your employer of your injury?

Notify Your Employer: As soon as you’re able, tell your employer you were injured on the job. File a Workers’ Comp Claim: Telling your employer isn’t enough. You have to file your worker’s comp claim before your state’s deadline. Your employer should give you a claim form and instructions.

What happens after an assault at work?

Protect your rights after an assault at work. In addition to workers’ comp, your employer and the attacker may be liable for your damages.

What is the fourth category of workplace violence?

Personal relationships. The fourth category of workplace violence, personal relationships, almost always targets women. When you’ve been violently injured on the job, you have a right to expect compensation for your medical bills, lost wages, and more.

What to do after being assaulted at work?

No matter if you knew the person or you were assaulted by a stranger, one of the first things to do after a workplace assault is to contact the police and file a criminal complaint against your attacker. In most cases of assault at work, there are enough witnesses (coworkers or customers) to give the police probable cause to arrest the attacker under criminal charges.

What is the duty of care of an employer?

Employers have a legal duty of care to provide a safe work environment and to protect their employees from undue harm and physical injury. A safe work environment means you should not be subjected to violence from your employer or anyone else.

Can an employer be sued for workplace violence?

Employer Liability for Workplace Violence. In most cases, the employer’s workers’ compensation insurance covers on-the-job injuries. Under certain conditions, an injured employee can claim workers’ comp benefits and file a lawsuit against their employer to seek additional compensation.

How to get help for a job attack?

Get Medical Care: Get immediate medical attention for your injuries. If you aren’t taken directly to the hospital or urgent care, get a medical evaluation as soon as possible. Don’t wait a few days to see if you’ll feel better later. Make sure the medical provider knows you were attacked while on the job.

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