At The Weinstein Firm, our assault attorneys know how traumatizing it can be to endure incidents of assault or battery. Victims can often suffer from overwhelming emotional and physical damages. These types of injuries are much different than those incidental ones caused by workplace slip and falls or vehicle accidents. When a person intentionally attacks another, it can be a very distressing experience to recover from. You may be suffering from more than just physical injury, but anxiety, stress, and fear as well.
Remember, just because an individual has gone through the criminal justice system does not mean that justice will always be served in full. In order to recover compensation for your pain and suffering, you may have to pursue further civil litigation against the offender. The good news is that The Weinstein Firm has personal injury attorneys who are here to protect your interests and advocate on your behalf.
Pursuing a Personal Injury Claim in Criminal Cases
Under the law, assault and battery are considered intentional torts and may lead to personal injury lawsuits if the victims suffered severe physical or emotional damages. Unlike other cases that involve negligence, assault and battery claims involve intentional actions.
Assault and battery are actually very different charges, as demonstrated below:
- Assault: An intentional act that is used to cause fear of imminent contact. In these cases, no actual contact must take place so damages are based more on emotional distress.
- Battery: Intentionally harmful or unwanted contact with another. This may include direct or indirect contact and often carries more potential for medical compensation.
The amount and type of damages you can obtain will vary greatly depending on what type of offense was committed against you. For example, if an individual ran up to you with a gun and yelled threats, then ran away without causing any actual damage, it would be considered assault. You could obtain damages for emotional distress, loss of enjoyment of life, therapy, and other related expenses. On the other hand, if an individual started attacking you with a knife and caused serious injuries, you may be able to obtain damages for medical bills and so on.
Regardless of whether you suffered an incident of assault or battery, it is crucial that you take action to hold your offender accountable. Contact The Weinstein Firm, we are ready to stand up and be your voice in and out of the courtroom.