When a person threatens violence towards another person, it is considered assault. If a person carries out acts of violence to intentionally hurt and injure another person, it is considered battery. Assault and battery cases are generally handled in criminal court, in which the guilty face penalties including trials, hearings, probation, fines, jail time, and more. But what about the victim?
Although criminal law effectively serves to partially punish the accused in such cases, it doesn’t necessarily address the needs of the victim. Therefore, many victims of assault are asking about their legal rights to compensation for losses they incurred because of their injuries. If you have been beat up or assaulted unfairly, you can bring a lawsuit. The real question is if it’s worth your time. Talk to a personal injury attorney to determine your eligibility for compensation as soon as possible before the statutes of limitations runs out.
How to Bring a Personal Injury Claim for Assault
If you are assaulted, the first step is to call the police. It is important to do this as soon as possible, whether from the scene of the accident, the hospital, or as soon as you get to a safe place. The police will bring along medical technicians and ambulances to ensure your health and injuries are properly managed. But if you are badly injured, call 911 first, and then the police.
Make a detailed police report and take several pictures of your injuries and the scene of the crime. If the attacker fled the scene, give law enforcement as much information about them as you can remember, including clothing, height, gender, hair color, car, and more. If you know who they are, give police everything you know about them, including contact information, residence, vehicle, employment information, and more. This will allow them to track down the accused quicker and bring them in to face charges.
The police report and medical record will be evidence towards your case against the accused. These files, coupled with the images of your injuries, records of doctor appointments and medical treatment, and eyewitness statements, will document a strong case against the guilty. Your next step is to contact a personal injury lawyer. They will assess the details of your accident and determine the best legal course to take. They work on a contingency-fee basis, meaning if they do not collect compensation for you, you do not pay at all. So, you do not have to worry if you can afford representation since there are no upfront fees.
Is it Worth It to Sue for Assault in Indiana?
As mentioned before, the real question about suing for assault is whether it’s worth it or not. For example, if your injuries are not very extensive, a judge/jury may hesitate to award you significant compensatory damages unless your accident and injuries directly caused you to incur medical costs and lose wages. A judge may, however, decide to award nominal damages to acknowledge that your rights were violated. In some cases, a judge/jury can decide to award punitive damages. It is important to discuss your rights with an experienced personal injury attorney to successfully pursue a lawsuit against a person that attacked you.
Are you ready to get started on your personal injury assault or battery claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney you can trust. Our law firm serves clients all throughout the state of Indiana.
You Might Also Read:
The Most Common Types of Damages Awarded in Personal Injury Lawsuits
What to Bring to a Personal Injury Consultation
Is My Personal Injury Case Criminal or Civil?