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.
Apr 02, 2019 · If you have been sued for civil assault or battery, you should consult with a well qualified and knowledgeable personal injury defense attorney to evaluate if the claims made against you have merit and help you assert any available defenses you may have. Further, they will be able to represent you in a court of law, if necessary.
Aug 16, 2021 · At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent injured victims to ensure they receive the maximum compensation they deserve for their damages. Call our legal team (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation.
A lawyer’s professionalism is usually an extension of their personality that often displays the good rapport necessary when dealing directly with defendants, insurance companies, and the courts. An experienced, trustworthy attorney will display the professional behaviors required for a successful injury law practice that might involve:
After an initial investigation, your injury lawyer will build their case based on available evidence, witness statements, medical records, and police reports. The lawyer will first submit a claim to the at-fault person’s insurance company through a demand letter outlining pertinent information and evidence.
Injury attorneys specializing in the accident, event, or medical procedure that led to the injuries can overcome the legal obstacles of resolving your injury claim.
All personal injury claims handled in civil courts involve deadlines where specific paperwork must be filed at the appropriate time. Initially, a claim or lawsuit can only be filed if the statute of limitations deadlines have not yet arrived.
Hiring lawyers specializing in personal injury cases provides victims peace of mind while dealing with the post-traumatic stress and emotional trauma caused by the accident or event. However, their legal case must be filed before the strict time limits (statute of limitations) deadlines pass.
Are you an injury victim harmed by another person or a company’s negligence? Has your family lost a loved one through a wrongful death? Are you seeking justice and looking to get the compensation you deserve for your damages?
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.
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.
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.
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.
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.
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.
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.
A personal injury lawsuit won't be successful if the person being accused of assault or battery has a valid legal excuse for their conduct. Here is a look at some of the most common defenses to a personal injury lawsuit where assault or battery (or both) is alleged.
Damages in Assault and Battery Tort Cases. When it comes to injuries, civil cases involving assault and battery can run the gamut of seriousness. Remember, no actual physical injury is required in most states, so lawsuits for assault and battery can vary widely in terms of damage awards.
Most personal injury lawsuits are filed over accidents -- like a slip and fall or a car crash. But, in some cases, the action that caused the harm was intentional rather than accidental. In the context of personal injury law, "assault" and "battery" are intentional torts (wrongs) that can form the basis of a lawsuit in civil court.
In a personal injury case, the tort of assault is usually defined as any intentional act that is meant to cause a "reasonable apprehension of imminent and harmful contact" -- that is, an action that made someone (the victim) expect that they were about to be hurt or, at least, touched in a harmful way by another (the offender).
The definition of assault and battery varies from state to state, but the crime of assault and battery pertains to acts of physical violence committed by one person against another -- and as a criminal offense it's punishable by incarceration, fines, or both. So, a single act (Dan punching Pat in the face, for example) can be the subject ...
Personal injury law, also known as tort law , is in place especially to ensure safety and justice for those who have had damage inflicted on them by others. The law offers protection to victims by ensuring they get just compensation against intentional or unintentional injuries caused due to someone else’s fault. However, personal injury law encompasses a wide range of case types and there are many types of personal injury lawyers out there with each specializing in certain areas.
Injuries to pedestrians or cyclists hit by motor vehicles are usually quite extreme, often life-threatening. Certain personal injury attorneys have expertise in these cases and can help you get maximum compensation for damages.
Unintentional tort in personal injury law refers to the injury or harm caused due to carelessness or negligence, or those caused unintentionally. When someone unintentionally causes harm to another, according to personal injury law, he or she is responsible for being negligent.
Slip and fall cases, also known as premises liability, are the next most common type of personal injury cases after automotive accidents. These include injury cases that result from an unsafe or defective condition on someone’s property. It may involve any public, private or commercial property such as restaurants, malls, retail stores, gas or petrol stations, someone’s home, a public swimming pool or property given on rent.
Dogs may be man’s best friend but they can sometimes harm people. They often bite when they’re trying to protect their owner, or when they are threatened. Usually, dog owners don’t want the dog to attack, but it is their responsibility to keep their dog under sufficient control.
Construction sites usually have a high rate of accidents, since even minor negligence can lead to severe devastation. Instances, when construction companies fail to implement protective measures or meet safety standards for their workers as well as the general public, can lead to personal injury.
Injuries occurring during recreational activities often lead to traumatic emotional and physical injuries. In many cases, it isn’t easy to identify the responsible party .
Contact a Louisiana attorney immediately.. Louisiana has a very short statute of limitations for torts.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records.
Based on the brief information you gave, you should consult a qualified personal injury attorney. You may have the ability to bring a lawsuit in either Florida or Louisiana, and whichever attorney you consult can give you their opinion on this based on additional questions they will likely need to ask you. Good luck!#N#More
You may need a Lousiana lawyer to deal with that issue, since it occurred there, but there may also be jurisidiction in Florida since you are all from here. This will all revolve around why and how such a video came to be and what it shows. You need to retain a lawyer to address any such issue immediately from several angles.
I agree with the advice provided by Mr. Rash.
You may be limited to workers comp. Did you file a criminal complaint?#N#Talk to a PI lawyer near you.
You should consult with an attorney who has experience handling personal injury cases. In terms of filing a lawsuit, you may typically have options of where depending on where the incident occurred, Louisiana, where the person who assaulted/battered you resides, Florida, or where the trucking company you were employed by has its principal office.
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.
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.
If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.