Personal Injury Suit for Strangulation and Assault Injury

Strangulation is a form of assault that can lead to both criminal charges and a civil lawsuit. In some jurisdictions, assault is grouped with battery- the two charges are one and the same and they refer to both the action of making someone afraid, and the action of actually physically harming someone. In other jurisdictions, the actions are separate and assault refers to creating apprehension of harm in a person while battery refers to the actual harm. Therefore, depending on where you live, you may be able to file a civil lawsuit for assault, or for both assault and battery separately.

Assault Damages

Assault, in the sense of a civil suit, is an action in tort. This means you can sue someone for assault in a private lawsuit to recover monetary damages, and the tort law rules will govern. Assault is an intentional tort, as opposed to a negligence tort, which means that you have slightly different things to prove.

If you are trying to recovery strangulation assault injury damage, you will first need to prove that the defendant intended to strangle you. You will then need to prove he actually strangled you. Finally, you will need to prove that being strangled caused you some type of compensable injury that you can recover monetary damages for.

Types of Damages

Because strangulation is a form of assault in which the defendant actually touched you, and not one in which he merely threatened you with harm, you may have suffered a physical injury. You can recover any monetary damages associated with that injury, including the cost of our medical bills and the amount of money or wages you lost if you had to miss work.

You may also be able to recover for the pain and suffering you experienced as a result of being strangled. In addition, if being strangled cause you to become emotionally upset or distressed, emotional distress damages may also be appropriate. In some jurisdictions, the court could even levy punitive damages against the defendant who strangled you.

If a strangulation leads to death, then the family of the deceased victim can also recover Strangulation Assault Injury damage. In such cases, a wrongful death lawsuit may be appropriate.

Finding Legal Help

If you were strangled, or if someone in your family was strangled, you should speak with an experienced personal injury lawyer as soon as possible so he can help you file suit and begin building your case. Being strangled is an upsetting and potentially fatal form of assault that should not be taken lightly

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