After you have been physically assaulted, the first thing you might want to do is turn to the police for help with your case. After being assaulted, you'll be able to receive the justice you deserve and will be able to help reduce the odds that someone else is assaulted in the same way. But if you suffer from severe injuries as a result of your assault, you may want to speak with a personal injury attorney as well. You may be entitled to compensation for your injuries.
Assault and Personal Injury Cases
In most cases, a personal injury case involves one party being negligent and causing an accidental injury for another party. However, in the case of criminal assault, the party that causes the injury did so intentionally. For example, you may have gotten into an argument with an acquaintance and the acquaintance chose to in turn react with violence.
With battery, you do not necessarily have to suffer an injury. All that needs to happen is that the form of battery be gross or inappropriate. If you believe that you were disturbed as a result of the assault and battery, you may be able to seek compensation for your injuries. However, filing a personal injury lawsuit may not be worth it.
However, if you suffer a severe injury and require medical treatment, a personal injury lawsuit might be exactly what you need to pay for your medical bills and other bills you cannot afford if you are no longer able to work.
You must prepare for the common defenses that might be mounted against you. For example, the defendant might argue that you consented to the assault because you were engaged in mutual combat. When two parties agree to fight each other, neither party is entitled to compensation for their injuries. Also, the defendant argues that you attacked first, he may then claim that he was acting in self-defense. However, if the defendant was arrested for the assault, this will be a more difficult claim to make.
Because the defendant may try to avoid liability for your injuries, it's important to speak with a personal injury attorney who will help you craft a solid case. In addition to gathering evidence necessary to prove that the assault was not justified, you will also receive help when finding out if the defendant has the assets necessary for you to be able to receive compensation.
To learn more, reach out to a local personal injury attorney.