Victim of Assault and Battery: What are your personal injury rights?
If you’re a victim of assault and battery, you have the right to sue your attackers and/or those that were responsible for your safety for financial compensation. Assault and Battery Attorney, Kathryn Burmeister says it’s not necessary that the perpetrators first be convicted in a criminal trial. As long as you have suffered injuries due to the attackers’ wrongful actions, you can file a lawsuit against them.
Compensatory and punitive damages for assault and battery
As a victim of assault and battery, you have a right to sue for both compensatory and punitive damages. Any medical, rehabilitation, and ongoing medical support costs you incur due to your injuries may be reimbursed by the attacker(s) or those that were in charge of keeping you safe (e.g. apartment complex, restaurant, etc.) to cover all of your financial losses. Compensatory damages are a prerequisite for punitive damages. Punitive damages are additional financial compensation intended to cover pain and suffering and other intangible harm arising out of the incident.
Compensatory and punitive damages you may recover can include, but are not limited to the following:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Psychological counseling
- Physical rehabilitation
- Reduced quality of life
- Permanent physical damage (i.e. scarring, disfigurement)
- Anxiety and emotional distress
If you or a loved one has suffered injuries due to a fight or an assault, call Burmeister Law Firm right away. Assault and Battery Lawyer, Kathryn Burmeister, can discuss the details of your case with you and help determine what you’re entitled to receive from your attacker(s). Every case differs, so it’s crucial to speak with an expert like Attorney Burmeister so you get all you need to recover from this traumatic event and regain the quality of life you once enjoyed.
What constitutes assault and battery?
In order to sue for assault, you must prove the attacker intentionally attempted to hit you or caused you to experience fear of being hit. It may seem strange, but you don’t have to prove actual contact or injury with this tort. In contrast with the crime of assault, a civil suit for assault deals with psychological fear of bodily harm and the perpetrator’s attempt to hit you. There are numerous nuances associated with this kind of case and that’s where the knowledge and expertise of an attorney becomes essential.
Essentially, battery represents a completed assault, meaning battery requires the attacker make actual bodily contact with the victim. If this action was intentional, you must also prove the attacker meant to strike or punch you, rather than a mere accident. Serious injury is not necessary for a successful battery suit. Battery can also cover unwanted or offensive touching, even if it does not cause harm.
As you can see, assault and battery cases aren’t as simple as they may seem at first. You deserve compensation for the trauma you have experienced. Do not wait any longer. Contact Kathryn Burmeister, the absolute expert on assault and battery in Georgia, and set up a free, no-obligation compensation.