i've been attacked what type of lawyer

Full Answer

Will an attack at work discipline the person who was attacked?

One of the most complicated issues arising from an attack at work is whether any sort of discipline will flow from the incident. Unfortunately, all too often, the person who has been attacked is disciplined right along with the attacker.

Who is liable for a battery attack?

Obviously, the person who instigated the attack would have direct liability for the battery. Battery is any unwelcome touching, and the damages resulting from that battery (including medical expenses for injuries suffered, lost wages due to missed work, property damage, etc.) form the basis of any financial award.

What should I do if I’m attacked on the job?

Make sure the medical provider knows you were attacked while on the job. Call the Police: Notify the police, if they weren’t already called to the scene of the attack. 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.

When is an attorney’s violation intentional?

An attorney’s violation is intentional when the attorney engages in conduct that is either purposeful or knowing. Conduct is purposeful when the attorney takes or fails to take an action in order to obtain a result that is unambiguously prohibited by the applicable obligation or standard.

Can I sue someone for assault UK?

As detailed above, you can make an assault claim so long as your situation fits certain criteria according to the CICA. This includes aspects like making sure the crime is reported to the police and ensuring that you begin the claim within two years (however, there may be exceptions to this).

What happens when someone attacks you?

If you or someone you know has been attacked in a public place, the first thing to do is call the police. Failing to notify law enforcement can actually impair your ability to make civil claims later for injuries or damages suffered in the attack. If injured, you should also seek medical attention.

What to do when someone tries to attack you?

What To Do If You Are AttackedUse common sense. ... Stall for time.Be verbally assertive.Distract or divert the assailant, then flee.Run toward an open business or a group of people.Hide if you get the opportunity.Scream loudly, and keep it up to attract attention and help from people near by.More items...

Can you sue someone for assault Australia?

If you have are the victim of an assault, you can seek compensation for the damages incurred. Usually there will be state or insurance provided compensation for the victims of assault, however if the claim is substantial, you may need to claim directly from the perpetrators assets.

When should you defend yourself?

As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat. The threat can be verbal, as long as it puts the intended victim in an immediate fear of physical harm.

Can you fight back if someone hits you?

Under California law, you have the right to defend yourself or other people if threatened with harm or violence. If someone attacks you, you have the right to fight back reasonably.

How do you defend yourself from attackers?

Make as much noise as possible. While you're defending yourself, yell/scream at your assailant to draw attention to your location, so passersby can interject. Use your head, knees and elbows where you can. These are the hardest parts of your body, so will provide the most impact (if used efficiently).

What is considered a personal attack?

Personal attacks often involve someone making damaging remarks relating to somebody's lifestyle or choices. These types of attack can include comments that question a person's intelligence, values, integrity, motivations or decisions.

How do you defend yourself verbally?

Avoid Defensive Mode Even Though You Are Defending Yourself from Verbal AbuseKeep your voice calm, almost monotone, without yelling or showing extreme emotion.Relax your body, do not appear tense, frightened, scared, or angry.Do not provide extensive explanations to the abuser; they will not listen anyway.More items...•

Can I get compensation for being attacked?

If you have been injured following a criminal assault, for example violent mugging, sexual assault or unprovoked attack, you may be able to pursue a claim for damages: Through the Criminal Injuries Compensation Authorities (CICA) Through the courts in a civil claim for damages.

What is the punishment for assault in Australia?

Common assault offences are dealt with by the Magistrates' Court. The maximum penalty for this offence is generally 18 months imprisonment and a fine of $18,000. However, where the offence occurs in circumstances of aggravation, the maximum penalty rises to 3 years imprisonment and a fine of $36,000.

What is serious assault?

More Definitions of Serious assault Serious assault means an assault involving violence upon another person, for example occasioning serious bodily harm, sexual assault.

What Should I Do if I Have Been Charged with Assault and Battery?

If you have been charged with assault and battery, you should immediately contact a well qualified and experienced criminal defense attorney to guide you through the legal process and help you assert any possible defenses.

What is Needed to Charge a Person with Assault and Battery?

As noted above, the requirements that need to be met to charge a person with assault and battery vary by jurisdiction. Further, the requirements needed to prosecute someone criminally for assault and battery differ from the requirements necessary needed to prove a civil case. This means it is important to consult with your local jurisdicitoon’s civil and criminal statutes before bringing a civil or criminal case against someone.

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

What happens when a defendant disproves one of the required elements?

Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What happens if you throw a baseball at someone?

If that baseball ends up hitting that person in the face, would likely be charged with battery or sued for civil battery.

Do you have to have physical contact with a victim to be charged with battery?

Importantly, there is no requirement that the defendant must intend to have made physical contact with the victim for a battery to occur; only that they intended to cause imminent apprehension of fear of physical harm in the victim that resulted in contact.

What happens if you sue someone for intentional tort?

When you successfully sue someone over an intentional tort, you are entitled to receive compensation for damages just as you would in any other kind of personal injury case (one stemming from a car accident or a slip and fall, to name just a few examples).

Is assault a criminal offense?

Note on criminal vs . civil assault: Assault is also on the books as a punishable offense in every state's criminal code. The same act can serve as the basis for both a criminal action (in which the offender is subject to a criminal conviction and a sentence including imprisonment and the imposition of fines) and a civil lawsuit (in which the victim sues the offender in civil court, seeking money damages as compensation for the harm inflicted by the act).

Can you get compensation for 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.

Can the same act be used as a basis for a civil lawsuit?

The same act can serve as the basis for both a criminal action (in which the offender is subject to a criminal conviction and a sentence including imprisonment and the imposition of fines) and a civil lawsuit (in which the victim sues the offender in civil court, seeking money damages as compensation for the harm inflicted by the act).

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 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 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.

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.

Did the bat hit you in the head?

In showing you the bat, he accidentally knocked you in the head with it, causing a small cut. In this instance, no assault occurred. There was no intention to cause fear of harm, you were not apprehensive and, in fact, you consented to touching the bat.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

What is it called when you commit a crime against someone?

When you commit crimes of violence against someone with whom you have been or are currently in an intimate relationship, it’s called domestic violence . What many people don’t realize, however, is what that actually means according to Colorado law.

Do I need a lawyer for domestic violence?

Do I need a lawyer? Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated.

Can you testify against someone who is in the 5th amendment?

If your Fifth Amendment rights are in fact implicated, and you do plead the 5th, you may still be forced to testify if the prosecution grants you immunity. Immunity takes one of two forms: use immunity, where a witness may be prosecuted, but his testimony cant be used against him, and transactional immunity, where the witness is immune from prosecution for offenses related to that testimony.

Do I need a lawyer?

Occasionally, the victim in a pending domestic violence matter may require the advice of an attorney. One circumstance in which the victim may wish to speak to an attorney is if the victim’s Fifth Amendment rights are implicated. In other words, a victim way want to speak to an attorney if they, by testifying in the criminal proceeding against the defendant, may incriminate themselves.

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.

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.

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.

Can you be covered for assault on your employer?

If you were performing duties on behalf of your employer when the assault occurred, you could still be covered even if you were off-the-clock.

Can an employer file a personal injury claim against an employer?

If the employers’ gross negligence contributed to the assault, or the employer failed to carry workers’ comp insurance, the injured worker has the right to file a personal injury claim against the employer. Most courts provide an opportunity for victims of violent crimes to seek restitution from the attacker, or at least give a victim impact ...

What to do if you are attacked?

Getting help fast. A physical attack or a threat to hurt you are both considered crimes. If an attack is taking place or has just happened, call 999. If it's not an emergency, you can report a crime on 101, online or at a police station. If you need medical help but it's not an emergency, call 111.

What to do after a murder?

If you've been seriously hurt or are a victim of attempted murder, you'll be entitled to extra support from organisations like the police, courts and victim services. That could include: referring you to someone who can help you recover, through counselling or therapy.

Is being attacked scary?

Being attacked can be very frightening. You might find it hard to get back on your feet emotionally, physically and practically. There are a lot of organisations that can support you if you’ve been attacked or threatened. Find support near you.

What to do if you are attacked by a person?

Once you have left the scene, contact an attorney. A lawyer will be able to advise you about your legal rights in the situation, help to shield you from possible liability in case the attacker said you started the fight or injured him/her while defending yourself, and guide you through the entire legal process from making your demands to collecting your final judgment.

What to do if someone attacks you?

Whenever an attack occurs, the first thing to do is call the police. Even if the attacker has left the scene, creating an accurate police report can go a long way to establishing your rights in both criminal and civil cases. Also, talk to any witnesses, get their take on what happened, and collect their contact information in case you need to call them as witnesses at a later date.

What is battery in a criminal case?

Battery is any unwelcome touching, and the damages result ing from that battery (including medical expenses for injuries suffered, lost wages due to missed work, property damage, etc.) form the basis of any financial award. Additionally, the attacker could face criminal charges for the battery, as well.

What is the most complicated issue arising from an attack at work?

Discipline. One of the most complicated issues arising from an attack at work is whether any sort of discipline will flow from the incident. Unfortunately, all too often, the person who has been attacked is disciplined right along with the attacker.

Who is responsible for an attacker's actions?

The employer may also be responsible if the attacker was an employee on the clock during the attack, whether it happened at the workplace or not, thanks to a legal theory that makes employers responsible for the acts of their employees while acting in the course of their duties, also known as respondeat superior. If the employer knew, or should have known of the attacker’s propensity toward violence, and employed that individual anyway, that could create liability for negligent hiring and/or retention. It is this array of legal theories of liability that creates the impulse for employers to dismiss all employees involved in a fight in an effort to minimize additional exposure.

Who is the most obvious target of a workplace attack?

The employer itself is the most obvious target. It may have liability to the victim (s) of the attack under a variety of different legal theories. For example, attacks that occur in the workplace may create liability for the employer on a premises liability theory, whether the attacker was an employee, a customer, or someone else.

Is violence in the workplace a concern?

Violence in the workplace is, unfortunately, not uncommon and is a concern for employees and employers. Dealing with the aftermath for everyone involved can be problematic. For example, will the attack result in disciplinary action? Who will get blamed: just one of the people in the fight or both? Who should be liable for any injuries or damages? Should the employer have provided better security, a background check, or done something else to prevent the attack?

How to determine if an attorney exercised poor judgment?

To determine whether an attorney exercised poor judgment, OPR considers whether the attorney had appropriate alternatives available, but the attorney chose an action or course of action that was in marked contrast to that which the Department would reasonably expect of an attorney exercising good judgment. For example, an attorney exercises poor judgment when the attorney takes an action in a situation involving obviously problematic circumstances without first seeking supervisory advice or guidance, because the Department would reasonably expect that an attorney exercising good judgment would consult with a supervisor before proceeding in such circumstances.

What are the duties of a department attorney?

Department attorneys are subject to various legal obligations and professional standards in the performance of their duties. For example, attorneys are required to comply with legal obligations imposed by the Constitution, statute, evidentiary or procedural rules, controlling case law, and local rules. In addition, attorneys must comply with standards of conduct imposed by the attorney’s licensing authority, the jurisdiction in which the attorney is practicing, and Department regulations and policies. In its investigations, OPR will determine whether the subject attorney has violated a clear and unambiguous legal obligation or standard. In so doing, OPR will consider the attorney’s affirmative actions, as well as actions that the attorney failed to take.

What is intentional conduct?

Intentional Conduct. An attorney’s violation is intentional when the attorney engages in conduct that is either purposeful or knowing. Conduct is purposeful when the attorney takes or fails to take an action in order to obtain a result that is unambiguously prohibited by the applicable obligation or standard.

What is mistake finding in OPR?

A mistake finding is based on OPR’s determination that the attorney’s conduct resulted from excusable human error despite the attorney’s exercise of reasonable care under the circumstances. OPR considers various factors when examining whether an attorney’s error was excusable. Those factors include, for example, the attorney’s opportunity to plan and reflect on the possible and foreseeable consequences of the conduct; the significance of the conduct compared with the breadth and magnitude of the attorney’s overall responsibilities and actions; and the extent to which the error was consistent with the attorney’s usual conduct.

What is the first step after receiving an allegation?

Generally, however, the first step after receiving an allegation is to conduct an initial review of the allegations to determine whether further review is warranted . This determination is based on several factors, including the nature of the allegation, its specificity, and its susceptibility to verification. Most complaints received by OPR are determined not to warrant further review because, for example, the complaint appears on its face to be without merit, is outside OPR’s jurisdiction, or is unsupported by any evidence. In such cases, OPR will close the matter without informing the subject attorney of the complaint.

Who does OPR investigate?

Attorney’s offices and other Department components, courts, Congress, media reports, other federal agencies, state and local government agencies, private citizens, private attorneys, criminal defendants, civil litigants, and self-referrals. OPR also regularly conducts its own searches to identify judicial findings of misconduct against Department attorneys.

What is the role of OPR in a case?

In cases that cannot be resolved based solely on the written record or that involve more serious allegations, OPR ordinarily initiates an investigation, which includes obtaining relevant documents, conducting witness interviews, and interviewing the subject attorney.

What Is Assault?

• 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. Contrary to popular belief, assault does not always involve some type of physical contact, at l...

See more on alllaw.com

Elements of Assault

Injuries and Damages in Assault Lawsuits

Should You Sue?