Everything you need to know when pursuing a personal injury lawsuit for assault injuries
Table of contents
- What legal action can I take against someone who has assaulted me?
- Can I sue for physical assault or sexual assault?
- What is battery?
- What is assault?
- Who’s responsible for my assault?
- What compensation can I get from a lawsuit?
- How much money can I get in a lawsuit if I’ve been assaulted?
- How long after an injury can I sue for damages?
- Should I hire a personal injury lawyer for my assault injuries?
- I can’t afford a personal injury lawyer what can I do?
If you have been the victim of physical or sexual assault you can start a legal claim to receive financial compensation for your injuries. Our personal injury lawyers can help walk you through the process.
What legal action can I take against someone who has assaulted me?
- Criminal proceedings– report the assault to the police and they can face criminal charges and jail time. In a criminal proceeding, it must be proven beyond a reasonable doubt that you were assaulted by the person you have accused.
- Civil proceedings– you can file a lawsuit against the person who assaulted you. You can receive financial compensation for the damages you suffered. In a civil proceeding to successfully sue, you must prove that it was more likely than not that you were assaulted. Therefore, it is easier to prove you have been assaulted in a civil proceeding compared to a criminal proceeding.
You do not need to pick one or the other you can file both a criminal and civil proceeding
Can I sue for physical assault or sexual assault?
Yes, you can sue for physical or sexual assault. Assaults leave physical wounds but also long-lasting mental and emotional trauma. You can sue to receive financial compensation for the damages you suffered from an assault. In lawsuits, assaults fit under the legal term “torts” which means wrongdoing. Physical and sexual assault or harassment fit under either the tort of assault, the tort of battery, or the tort of intentional infliction of mental suffering.
- The tort of assault- an attempt or threat to cause harm
- The tort of battery- physical contact that was harmful or offensive
- The tort of intentional infliction of mental suffering- actions that were meant to cause harm and resulted in visible and provable illness
What is battery?
Hitting, punching, pushing, choking, non-consensual sexual contact (touching/ groping breasts or genitals, kissing etc.), and any other physical contact that is harmful or offensive.
The battery does not need to result in physical injury to be considered battery or to sue for damages.
What is assault?
In civil proceedings, assault is any threat to harm someone (even if they do not follow through on the threat it is still assaulting), catcalling, intimidating remarks, and any other attempt to harm someone.
In 2008, a man sued a person who falsely accused him of being involved in criminal activity and being a child molester. The person had posted the man’s address online and told people to “pay him a visit”. He was encouraging people to go beat the man up. The accused was ordered to pay the man $50,000 in general and aggravated damages for assault and defamation.
Read the full post here:
Assault does not need to be physical contact; it is any threat or attempts to harm a person.
Who’s responsible for my assault?
- The person who assaulted you
- Employers– both your employer and the employer of the person who assaulted you
- Churches– in recent sexual assault and battery cases churches have been liable for the actions of priests and other religious leaders
- School boards– if you were sexually assaulted at school the school board may be responsible for your damages
Employers, churches, and school boards can be held responsible for your assault if the conditions, and operations of the institution or company allowed for your assault to happen.
What compensation can I get from a lawsuit?
- Loss of income (past and future) – If the injuries (physical or mental), you suffered in the assault caused you to take time off work or affected your ability to work you can recover past and future loss of income.
- Loss of household services. – if you can no longer clean your house, mow the lawn or take care of your children and have to hire someone
- Medical bills (past and future)– surgery, medication, counselling or therapy etc.
- Pain and suffering – physical and emotional stress
- Diminished quality of life
- Loss of enjoyment of life
- Aggravated damages– anxiety, depression etc.
- Punitive damages– awarded to punish the person who hurt you
How much money can I get in a lawsuit if I’ve been assaulted?
In a personal injury lawsuit, there is no cap on compensation for financial losses. You can be fully compensated for any economic loss you experienced no matter how great it is. That includes any past or future loss of income, medical expenses, home maintenance/cleaning expenses, cost of future care, and more.
However, there is a cap on compensation for pain and suffering. Since these damages aren’t accurately quantifiable in a money amount, in 1978, the courts put a cap of $100,000 for pain and suffering. Due to inflation, this value has increased to about $418,000 in 2022.
In 2012, a woman successfully sued her employer who had sexually assaulted her four times. She was awarded $300,000 for pain and suffering. As a result of the assaults, she suffered from depression and PTSD.
Read the full post here:
How long after an injury can I sue for damages?
In general, you have 2 years from the date you suffered the injury or the day you became aware you suffered an injury to file a lawsuit. The lawsuit does not need to be completed within 2 years. All that is required is that you give notice of intent to sue to the party involved within the 2 years.
Sexual assault and battery are exempt from this timeline. It can take years for a sexual assault victim to come forward about their abuse due to the sensitivity of the situation. Therefore, if you have been sexually assaulted and are looking to initiate a lawsuit over 2 years later you absolutely can. To learn more about the statutes of limitation:
Read the full post here:
Should I hire a personal injury lawyer for my assault injuries?
Suffering an intentional attack can be very traumatizing. Physical injuries from an assault can be severe and the emotional and psychological distress can be devastating. Our highly trained lawyers can help you get compensation for your injuries and help alleviate the stress of pursuing a lawsuit. With our many years of experience, we know how to build a strong case so that you get fair and full compensation.
If you have suffered a physical injury from an assault or have any further claims-related questions, contact our Equilibrium law legal team. We can help you get successful results for your personal injury lawsuit. Give us a call or fill out our claim form and leave your email address and we will contact you as soon as possible. Our primary focus is getting you the compensation you deserve.
I can’t afford a personal injury lawyer what can I do?
If you are worried about the cost of hiring a lawyer it may help you to know that at Equilibrium law we work on a contingency basis. This means we are paid a percentage of the money you are awarded in the lawsuit. So don’t worry about the legal fees we will work with you to come to a contingency fee arrangement. If you are looking to file a personal injury lawsuit, contact Equilibrium law for a free consultation. We look forward to helping you get the compensation you deserve!