what kind of lawyer do i need for personal injury by assault

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.

Full Answer

Do I need a lawyer for an assault charge?

Regardless of the circumstances that prompted assault charges against you, it is always in your best interests to retain an attorney who has a track record with defending those accused of assault. Your freedom could be at stake - connect with an attorney immediately when you are charged with assault.

Do I need a lawyer for a personal injury case?

You need a personal injury defense lawyer. Notify your insurance company,and the insurance company should assign a lawyer to represent you. * This will flag comments for moderators to take action. You need a personal injury attorney.

What does a civil assault and battery lawyer do?

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, emotional distress, or pain and suffering.

What kind of lawyer do I need to file a lawsuit?

You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge.

What is assault in Florida?

In Florida’s legal terms, assault is a threat to inflict injury from someone who can act on that threat. However, there is also what is called, “aggravated assault” where the assailant has a weapon which is used to threaten the victim.

What is it called when someone threatens you with a knife?

This means that if the assailant threatens you while holding you at knifepoint, but does not explicitly use the knife, it can be considered as aggravated assault. Battery, however, is the intentional infliction of injury on another person.

What is aggravated battery?

Similarly, there is also what is called, “aggravated battery” where the assailant uses a weapon to inflict injury on another person. However, battery can also take many forms. The simple act of being pushed while walking down the street can be considered as battery. Rape and molestation can also be a form of battery.

Why is self defense considered a privilege?

However, there is greater privilege placed on self-defense because the integrity of a human being is considered more important than one’s property. Due to this, the use of deadly force to protect one’s property is usually not permitted. However, it may be justified if it was an act in defense against a felony.

Is assault and battery a form of defense?

If the action committed towards you was unintended or involuntarily, it is not considered assault and battery. Intent is the essential element. In other words, there should have been an explicit intent to harm you. Committing assault and battery as a form of defense is the common argument to justify the act.

Can an assailant be found not guilty?

This means that it is possible for the assailant to be found not-guilty in the criminal suit; yet, be found guilty in the civil suit and required to provide financial compensation . You can talk to a personal injury lawyer in Miami to better understand this process.

Can assault and battery be brought to jail in Florida?

Assault and battery may differ from each other, but both can be brought under Florida’s Criminal Court, as well as the Civil Court. However, criminal cases carry criminal sanctions. This means the individual accused of assault and/or battery can be penalized for their actions and sent to jail by the court.

What is the purpose of a civil assault lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.

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 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 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 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.

Does liability insurance cover assault?

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.

Is a physical contact considered assault?

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.

What are assault charges?

Assault Charges. Assault charges can stem from a variety of different circumstances, including: A road rage incident. A fight in a bar. A dispute with a neighbor. Domestic violence. A simple misunderstanding that develops into a physical altercation.

Is assault a misdemeanor?

Assault. Depending on where you live, and on the specific circumstances of your case, an assault charge can be a misdemeanor or a felony. Many people do not realize it, but a charge of simple assault can be turned into assault with a dangerous weapon or felonious assault based on just a few small things. The difference between being charged ...

When you have been injured in a car accident, should you seek medical attention?

When you have been injured in any type of accident, you should immediately seek medical care for your injuries. It does not matter if it is a vehicle accident, slip and fall, or work accident. Taking care of the injury is the most important thing for you to do – even if you’re unsure whether you’ve actually been injured or not.

What happens when you get injured in an accident?

When serious injuries occur as the result of an accident, you may be facing extended medical care or even life-time care. The cost for this type of medical care will be very high.

What happens if you have a long term injury?

If there are going to be long term effects from your injury, your lifestyle will change. This may include the inability to return to your current job or profession , the need for special renovations to your home and vehicle, and loss of income for the rest of your life.

Can you get compensation for a long term injury?

Even if your injuries are not life threatening or long term, the medical costs associated with treating your injuries may be expensive. It is your right to seek compensation for these costs.

Can multiple people be injured in an accident?

Multiple people injured in the accident. When multiple people are injured in an accident, even if they are from the same family, it is crucial to speak with an attorney. Multiple injured parties can quickly complicate the compensation process.

Can you have more than one party responsible for an accident?

Accidents which occur in construction zones or as a result of dangerous road conditions may have more than one responsible party for the accident. If the road conditions were a contributing factor to the accident, other entities may also be held responsible for the event.

Can a spouse sue for wrongful death?

In most cases, direct family members, spouse and dependent children qualify for wrongful death. However, there are some instances where parents of minor children who died in an accident or as a result of an injury can sue for wrongful death.

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 to do if you don't have an attorney?

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.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What to do if you 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.

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 happens if your employer doesn't take reasonable actions to protect you from workplace violence?

When your employer doesn’t take reasonable actions to protect you from workplace violence, and you are injured, you may have the right to file a personal injury claim or lawsuit in addition to your workers’ comp claim.

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 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.

Do you have to have workers comp insurance if you were assaulted?

Almost all employers are required by state workers’ compensation laws to provide insurance for eligible employees. 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 ...

Can you recover from a physical assault?

Maximizing Your Injury Compensation. If you expect a full recovery from a physical assault with only a few days or weeks missed from work, you can probably handle your workers’ compensation claim on your own. Serious or potentially disabling workplace injuries are a different story.

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?