Assault Charges and Personal Injury Claims

If someone assaults you, then assault charges may be brought against them by the prosecutor of the state in which you live. One important thing to know is that those assault charges are handled by the prosecutor and not by you, and if the person is convicted of assault, they may face criminal penalties but won't necessarily have to compensate you in any way. You are, however, entitled to compensation under the law in many instances when someone assaults you. You can receive that compensation by making a personal injury claim.

Assault Charges and Intentional Torts

The civil law system in the US, wherein one party is able to sue another to recover damages, is referred to as the tort system. There are two branches of the tort system- intentional torts and negligence torts. Assault falls under the category of an intentional tort, since it is an action that the defendant must do on purpose.

The precise definition of assault can vary by state, so it is important to understand the definition in your area to determine whether the defendant actually committed assault or not. Assault may mean:

The defendant acted in such a manner as to make you apprehensive or fearful about your safety or to make you believe that he was going to cause you physical harm
Assault may also be grouped with battery, which is the actual act of unwanted touching or physical harm

Depending on what your state's definition of assault is, you will need to prove that:

The defendant actually intended to make you fearful of harm or
That the defendant actually touched you or harmed you in an unwelcome or unwanted manner

You will also need to prove that the defendant's intentional actions led to your injury and that you actually suffered damages or injuries.

Recovering for Assault

If you can prove the essential elements of your tort claim, then you can recover damages for the intentional tort. Damages may include:

Medical bills arising from any injury or damage the defendant caused you
Lost wages if you had to miss work as a result of the defendant's assault
Emotional distress if you can prove that the defendant's actions caused you emotional trauma
Pain and suffering if the defendant's actions led to some type of physical pain or injury
Punitive damages. The laws of your state may vary as to whether punitive damages are available, but many states do permit such damages since assault is an intentional tort.

Getting Help

If you have been the victim of an assault, you should consider contacting an experienced personal injury attorney as soon as possible. Your attorney can explain to you what you need to do to prove assault and can evaluate your case to determine whether you will be able to successfully hold the defendant responsible in court.

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