If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: 1 an intentional action on the part of the defendant 2 the defendant's intention to cause apprehension of harm, and 3 your resulting reasonable apprehension of immediate harm. More ...
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.
Personal Injury Lawyers Cases which involve a person who accuses another individual, company, government entity or organization of physical or psychological injuries will need the expertise of a personal injury lawyer. This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.
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
The Three Elements of Standing to SueInjury in Fact. To sue another party, you must have suffered an actual injury. ... Causation. The court does not decide whether the defendant is responsible for your injuries and damages when considering causation. ... Redressability. ... Example 1. ... Example 2. ... Example 3.
Assault can lead to two criminal charge routes: civil lawsuit or criminal charges. Criminal cases are more serious and involve the state, while civil injury cases are in control of the victim and are initiated when the defendant of a criminal case.
If you have been the victim of an assault, rape or sexual assault and you know the name of your attacker it may be possible to bring a claim against them directly or even their employer in certain circumstances.
Although assault is a crime and will be prosecuted by the State, you may need to lay a civil claim to receive compensation for your injuries. Work with a specialist assault claim attorney and ensure your injuries don't go unpunished.
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!
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? 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.
The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator.
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.
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.
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.
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.
Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.
People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.
Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.
Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...
Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.
Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.
But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.
If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.
The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 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; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.
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.
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 ...
In order to succeed in a civil suit for battery, you must typically prove the following elements: That there was a harmful or offensive intentional act made by a defendant; That resulted in a touching or application ...
Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.
The elements that must be proved in order for a plaintiff to succeed in a civil suit for assault are as follows: There must be an intentional attempt or threat to inflict injury on a person.
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?
Look around for "insurance defense" or "civil litigation - defense" lawyers. If a lawyer is listed as an insurance defense lawyer, they handle your type of case although usually on contract with an insurance company. Warning: it will probably not be cheap to resolve. You might want to see what they...
Civil attorney who is licensed in Kentucky. Also, "trying to sue" me is cryptic. You need to confirm if you have actually been sued.
Generally, you want to hire a civil defense attorney who routinely defends personal injury cases. I hope you have now secured automobile liability insurance for your vehicle. You will soon learn that paying an insurance premium is a bargain compared to paying for a...
I agree with the other attorneys who have responded to your question. You will need an attorney that is well versed in defending personal injury cases specific to motor vehicle accidents.
You need someone with experience defending personal injury law suits. Generally this would be taken care of by your insurance; however, since you did not have insurance the burden will be on you to find and retain an attorney. You can look on Avvo for attorneys who practice in your area...
Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault.
Some of the most common reasons a person seeks out a bankruptcy lawyer are for medical debt, mortgage foreclosure, and credit card debt. No matter what kind of legal issue you’re facing, there are lawyers who can handle your case, and finding the right one is essential to your peace of mind.
Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.
Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.
Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.
Immigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations.
The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract ...