Can You File Personal Injury Civil Lawsuit In Case of Physical Assault?

Although most of physical assault cases usually give rise to filing of criminal lawsuits and prosecution, more often than never, people who have been a victim of physical abuse or assault do file civil personal injury lawsuits against their delinquents in hopes of receiving monetary reimbursement for the suffered damages. To give you further insight into civil lawsuits revolving around physical abuse and assault, here’s a primer on the fundamental information about the pertaining issue.

Damages in Case of Physical Assault

The kind of claim that can be filed, the damages that are awarded and the sum of money given to the victim in a physical assault civil lawsuit, all depend on some certain aspects of the case and the legal theory which it is based on. Since there is not a legal theory or class of action named “physical assault” in the personal injury paradigm, you will require another legal theory to hold your perpetrator under. With a close discussion with your personal injury lawyer in Trenton, you can decide to choose either deliberate infliction of emotional distress or, assault and battery.

Irrespective of whatever the class of action in which the case proceeds may be, the damages that are awarded in such a lawsuit will be based on the physical, mental and emotional distress that the victim has suffered and is likely to suffer through in the future.

Owing to the blatant nature of such offenses, juries are very likely to award hefty sums in damages to the victims as compensation. However, since a lot of insurance companies do not cover responsibility for intentional assaults, the sole source of soliciting reimbursement is from the delinquent’s personal assets. And, in case if the perpetrator is not explicitly rich, it may be very difficult to extract monetary damages from him – if not impossible. An injury lawyer in Trenton can prove to be very helpful in scenarios like that.

Suing Additional Parties

Besides suing the person who assaulted you, in some cases, you can also sue additional parties to strengthen your case. For instance, if the assault occurred at an institution such as a business, school or office, you can sue the entity involved for not providing proper security, under negligent supervision claim. Having a personal injury lawyer in Trenton on board if you choose to sue additional parties can make all the difference in your case.

Finding a Lawyer

The most crucial part of all in a civil lawsuit related to physical assault is to enlist the help of an injury lawyer in Trenton to handle your case. It will not only help in alleviating the stress of having to go through the trauma and the stress of physical abuse, followed by a lawsuit; it will also be helpful given that a lawyer is a lot more familiar with the laws involved in such cases. Visit Here: AB Personal Injury Lawyer