Assault Victims Rights In A Civil Case

In a criminal assault and battery case, assault victims rights include the ability to recover compensation for damages through the civil courts, as well as seek remedy in the criminal courts against defendants. In civil courts, assault or battery claims take the form of intentional torts, which are grounds for filing a lawsuit against the negligent party. (See also Privilege in Civil Battery Claims).

Defining Assault in Civil Cases

Though commonly used in tandem, the definition of assault is vastly different from battery, at least from a legal perspective. In order prove assault claims, a plaintiff must exhibit that another party intentionally took action to give the plaintiff a reasonable fear that immediate and dangerous physical contact (battery) would occur. In essence, assault claims do not rely on any form of physical contact at all between the victim and offender, rather only the reasonable fear of the victim that an offender would precede with physical harm.

Proving Damages in Assault Tort Claims

Although an offender may have committed the intentional tort cause of action, in this case being assault, the plaintiff must provide grounds for recovery. In essence, the plaintiff has filed suit to recover compensation for damages they have experienced. Assuming an assault tort claim does not involve actual physical battery, the plaintiff still has legal grounds for damages, but depending on the scenario, the costs of recovering these damages versus the actual award may become a factor when pursuing legal claims.

Proving imminent threat of physical harm requires the courts to consider a reasonable persons’ response to the exact same situation. In turn, determining damages will require a plaintiff to prove as the result of this reasonable fear and event; they have suffered future damages, whether emotionally, psychologically, or otherwise. Keep in mind, that while the civil courts may not provide sufficient grounds for damage claims to make filing a case worthwhile, victims can file criminal charges against offenders, which will be prosecuted by the local or state government, which ultimately may lead to criminal penalties against an offender.

Getting Legal Help with Assault Lawsuits

Only an attorney can competently advise victims on their legal rights after being victimized by an offender through assault or battery. The ability to file a lawsuit, not to mention a frank consideration on the value of filing a lawsuit for assault torts, can only be made on a case-by-case basis with a lawyer. Victims, if they experience assault or battery, should contact local law enforcement initially, and if desired, then contact a lawyer about filing tort claims against an offender.

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