Can I Sue Someone Who Attacked Me for Legal Damages?
People often associate personal injury lawsuits with accidents like traffic collisions, workplace accidents, or slips and falls. However, many personal injuries stem from assault and battery. Assault and battery can cause catastrophic personal injuries as well as steep financial losses.
Victims of assault and battery may wonder, “Can I sue someone who attacked me for legal damages?” A physical attack can be grounds for a civil lawsuit, provided the victim suffers physical, emotional, or financial damages. The Monroe County personal injury attorneys from the Foley Law Firm assist individuals from Scranton, Stroudsburg, and Wilkes-Barre, PA, in holding their attackers liable for the losses caused by their actions.
What Constitutes Assault and Battery?
Assault and battery are two different offenses. While criminal definitions vary slightly by state, an assault is generally defined as an intentional act meant to cause apprehension of imminent and harmful contact. Based on the definition of assault, physical contact does not have to occur for an incident to be considered assault. For example, if someone swings a fist at someone and misses, it can still be defined as assault because there is intent to harm or threaten.
Battery is generally defined as unlawful and non-consensual touching or striking, with the intent to harm. Considering the example above, an incident when someone swings a fist is defined as assault when the punch makes contact with the victim. Assault and battery often occur together but not always.
Grounds for a Personal Injury Claim After an Attack
Assailants often face criminal charges after an assault or battery. Regardless of the state of a criminal case, injury victims should consider making a civil claim. Filing a personal injury lawsuit after an attack can be beneficial because it allows victims to hold attackers accountable for economic and non-economic damages related to the assault.
A knowledgeable personal injury attorney, such as those at our law firm, can examine the details of an attack to determine if there are grounds to file a civil lawsuit. To prove a personal injury claim after assault or battery, the plaintiff must establish these key factors:
- The defendant intended to cause harmful or offensive contact
- The intended contact or actual contact was not consented to by the plaintiff
- The defendant’s actions caused harm to the plaintiff
- The plaintiff suffered physical, emotional, or financial damages related to the assault or battery
Potential Personal Injury Damages
Just as in any other type of personal injury lawsuit, the plaintiff in an assault or battery claim can pursue compensation for all economic and non-economic damages related to their injuries. Common areas of compensation in a personal injury lawsuit include:
- Medical expenses related to the attack
- Cost of anticipated future medical expenses related to the attack
- Cost of ongoing therapy or rehabilitation
- Lost wages
- Loss of wage-earning potential
- Pain and suffering
Contact Us
Assault and battery are violating events that can be physically, emotionally, and financially damaging. Attack victims in Monroe County can work with the personal injury attorneys at the Foley Law Firm to learn about their legal options regarding compensation for damages. Contact our law firm to schedule a case review at your earliest convenience.