Assault Victim Help for Injuries: Civil Lawsuit

A victim of assault has two distinct types of potential remedies in order to recover for the costs of his or her injuries.  An assailant who has committed an assault may be criminally prosecuted for assault charges, which may result in criminal penalties such as incarceration, fines, and restitution to the victim.  On the other hand, a perpetrator of assault may also face civil liability for the injuries suffered by the victim, whether the assault involves sexual assault, domestic abuse, or robbery.  If an assailant is found to be civilly liable for the injuries sustained by the victim, then he or she may have to financially compensate the victim for his or her losses and/or injuries.

Assault Civil Lawsuit Compensation for Injuries and Damages

A victim who has suffered injuries as a result of sexual assault, domestic abuse, or any type of assault may seek compensation for those injuries in civil court.  Once a judge or jury has ruled that the assailant was responsible for the assault that caused the victim’s injuries, the next step is to determine the amount and extent of any damages to be awarded to the victim. 

Compensatory Damages

Potential damages for which the assailant may be liable include compensatory damages, which are designed to compensate the victim for medical bills and any other expenses resulting from his or her injuries.  For instance, a robbery victim who suffered a concussion and a broken arm would be entitled to recover compensatory damages for the costs of medical treatment and lost wages due to the injuries. 

Nominal Damages

Next, nominal damages may be available in a civil assault case, especially where the victim has suffered no major physical injuries.  By awarding nominal damages, a court or jury acknowledges that the assailant has violated the victim’s rights in perpetrating the assault. 

Punitive Damages

Finally, punitive damages are available under some state laws in particularly egregious assault cases.  These types of damages not only acknowledge the injuries and suffering of the victim, whether he or she is a sexual assault, domestic abuse, or robbery victim, but also are aimed to punish the assailant who caused the injuries.

Contacting an Attorney for Assistance

As civil litigation seeking damages for injuries related to an assault may be complicated, victims of assault should be sure to contact an experienced attorney for help in obtaining the maximum amount of damages available under the law.