Filing an Assault Lawsuit

Assault is a criminal offense. A person charged with assault can be arrested and subject to criminal proceedings. If convicted, the person can be sent to jail.

Definition of Assault

A simple definition of assault is the intentional, unprivileged, harmful or offensive contact by the defendant with another person. An assault is committed when the defendant, without privilege, intentionally places the plaintiff in apprehension of an immediate harmful or offensive touching. For an action to constitute assault, the following three elements must be present:

• Intent to cause harm by the perpetrator
• Apprehension of immediate harm by the victim
• Lack of consent by the victim

Actual contact between the victim and the perpetrator need not have occurred for assault to have been committed; however, the perpetrator must be aware of the possibility of contact.

Personal Injury

In most states, victims of assault can file a personal injury lawsuit against their perpetrators if they have suffered any injury or harm as a result of the assault. When negligent conduct proximately causes harm, a prima facie case is made out. The tort of assault does not require physical contact, but only the apprehension of the infliction of immediate force. You must prove that your perpetrator did not act reasonably and that your perpetrator's actions have resulted in your injuries.

Compensation

The victim can seek compensation for the injuries he or she suffered as a result of the assault. The victim can claim compensation for the medical expenses incurred and the medical expenses he or she may have to incur in future to deal with the injury. If the victim cannot work because of the injury, he or she can seek compensation for loss of employment. In an assault lawsuit, the victim may recover substantial damages without proving specific bodily injuries. The victim can claim damages for emotional suffering (i.e., humiliation, indignity, injury to feelings), as long as this suffering was proximately caused by the defendant's conduct. Certain conduct on the part of the victim that is not sufficient to constitute a defense to the action may be considered in mitigation of damages. The victim may recover punitive damages when the perpetrator has acted willfully or has exhibited outrageous conduct.

Getting Legal Help

If you are a victim of assault, consult with an experienced personal injury lawyer. You can file a personal injury lawsuit for compensation. This lawsuit is different and independent of the criminal case filed by the police.