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.
If a child suffered assault by another child, parents can take legal action. In some cases, they can even sue the parents of the other child. The child injury attorneys at Tolmage, Peskin, Harris, Falick are dedicated to helping children and their families heal physically, emotionally and financially after serious childhood injuries.
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 to press charges.
My child was assaulted at school. Do I have a case? When a student is punched, beaten up, intentionally tripped, or deliberately injured in any way by another student, there are several factors that can help determine if you have a case against the school:
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.
By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.
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 “assault” and “battery” used interchangeably.
Simple Assault – This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, ...
Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.
Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.
This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals.
If the assault is sudden and unexpected so that no amount of supervision could have prevented it, generally the school is not at fault.
The school is not responsible for a sudden fight between two students with no previous reason to suspect there would be an issue. However, they do have a responsibility to take action to stop the fight and, in general, to provide a safe, secure environment for its students.
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.
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).
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.
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.
The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.
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.
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.
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.
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.
An attorney with experience in education law should be able to give you practical advice about reporting the problem to school officials and filing a formal claim with the school district or an agency like the OCR.
In order to prove that the school is liable for failing to protect a child from peer harassment, one usually needs to show that school officials: didn’t take reasonable steps to prevent the damage that resulted when the bullies repeated or escalated the harassment.
Sexual harassment is a form of illegal sex-based discrimination. It includes comments or behavior of a sexual nature, unwanted sexual advances, or sexual assault or coercion. The U.S. Supreme Court has set a high bar for successful Title IX lawsuits based on sexual harassment by peers. The victim must show that:
Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. § 2000d), which prohibits discrimination based on race, color, or national origin in all public schools and any private schools that receive federal assistance; and.
Suing Schools for Harassment Based on Sexual Orientation or Gender Expression. Title IX doesn't mention discrimination based on sexual orientation or gender identity. But when bullies target gay or transgender kids, the bullying often includes forms of harassment that the law recognizes as being based on sex.
Public schools (and some private ones) are usually immune from lawsuits except under certain circumstances. Immunity doesn’t mean you can never sue a school, but it often means that you have to file a claim with the school district first. Failed duty. The school usually isn’t legally responsible if a student assaults a classmate out ...
For instance, if students push around and call a girl names because she has short hair and wears boys' clothes, the harassment might be covered under Title IX if it was based on her gender nonconformity. And if the harassment was bad enough and not addressed by the school, the parents might be successful in suing.
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Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.
Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.
The term prison refers to state and federal correctional institutions, while jail refers to city and county facilities. Some correctional facilities are run by for-profit private businesses under contract from the state or federal agency.
If the DOJ denies your claim, you have six months to hire an attorney and file a lawsuit. The six-month period begins on the day the department officially denies your claim, not from the date of your injury. The forms for your lawsuit are in the prison library. The FTCA is only available to inmates of federal prisons.
Dangerous conditions: Overcrowding, poorly trained staff, inadequate monitoring of suicidal inmates, and poor planning for inmate safety in the event of a fire are just a few examples of deplorable conditions that lead to prisoner injuries and death.
Prisoners may suffer and die from withheld or poorly managed treatment for common conditions like diabetes, epilepsy, pregnancy, cancer, mental illness, and more. Unsanitary conditions: When you combine overpopulation with continual inmate transfers, it’s no wonder jail conditions lead to rampant infections.
Private prisons and jails currently hold approximately 128,000 prisoners, roughly eight percent of all incarcerated adults. ². Opponents to privatization assert that prisoners are at much higher risk of injury or illness in privately run prisons and jails.
If another driver caused the accident, injured prisoners have a right to file an injury claim against the at-fault driver’s insurance company. Assault by another inmate: One of the most common forms of state and prison inmate injuries arise from attacks by other prisoners.
Inmates have a right to expect a decent standard of living, even in jail. When authorities fail to provide or enforce a minimum standard of health and safety protection, prisoners end up hurt.