Assault Injury Damages: Spouses or Boyfriend/Girlfriend

Assault injuries between spouses, or a boyfriend and girlfriend, may be classified as domestic violence for criminal actions. The individual who perpetrates the assault on his or her significant other may be subject to criminal sanctions up-to-and-including jail time, and may be subject to a restraining order if his significant other chooses to press charges.

In addition to criminal charges, however, assault injury damage can potentially give rise to a civil lawsuit. In such case, the person suing would be able to potentially recover monetary damages as a result of the assault.

Civil Suits for Assault

Civil suits for assault are governed by tort laws. Assault is an intentional tort, as opposed to a negligent tort. This means that you must prove that your boyfriend or girlfriend intended the assault, that the assault actually occurred, and that you suffered some type of damage as a result of the assault.

The specific definition of assault varies by jurisdiction, and as such, your right to recover assault injury damages in a civil lawsuit also varies by state. In some states, for example, assault involves simply making someone afraid for his safety. For example, waving a gun in your boyfriend or girlfriend's face would constitute assault, as would threatening to hit him or her. In other states, assault and battery are grouped together and assault means actually causing some type of physical harm.

Therefore, to sue for assault injury damage, you will need to consult with an attorney or other expert in your jurisdiction to find out the specific applicable laws.

Damages

When you prove all the required elements of assault, you are entitled to recover damages. However, you have to actually have suffered some type of damage. In other words, if someone threatened to hit you, but you were not afraid that he would or you knew he would not, then you did not meet the elements of assault- since you weren’t afraid- and you also didn’t suffer any type of damage that the law will compensate you for.

Damages generally consist of actual damages, such as medical bills and lost wages, as well as damages for pain and suffering, emotional distress, loss of companionship or other such related losses. Therefore, to recover for assault, you have to prove you suffered one or more of these types of damages. If the assault merely involved making you afraid, your damages may be limited to emotional distress. If actual physical contact occurred, other types of damages for your injuries may be appropriate as well.

Finding Legal Help

Filing lawsuits for assault injuries between boyfriends and girlfriends requires complying with a complex set of court rules and requirements. As such, it is a good idea to hire an attorney who specializes in personal injury and assault to guide you through the process and help you build your case.

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