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Although assault can be classified as a crime, it can also be considered a wrongful act that may be considered in a personal injury claim. Assault is a purposeful act in which creates fear of imminent harmful or offensive contact to another person. Assault is considered an intentional tort, which means it can be subject to a civil case. Often times, people have the misconception that assault must involve some type of physical contact; however, that is not always the case when it comes to civil liability. Even the fear of a harmful or offensive touching can be considered assault, and if it involves the actual act of physical touch, then it is considered to be battery in civil law. It is important to note that both of these claims are often made together.
Assault involves the following elements that must be proven in order to file an assault lawsuit:
- An intentional act done by the defendant
- The intentional act done by the defendant with an effort to harm
- Resulting in apprehension of reasonable and immediate harm
Damages Recovered in an Assault Lawsuit
Any type of wrongful or negligent act, whether it is intentional or not, typically requires “damages,” which include injuries or harm of some kind. Damages can range from the physical injuries, medical treatment to treat the injuries, lost income, and the like. To get a better idea of the type of damages that can be recovered in an assault case, our assault and battery lawyer Los Angeles provides an explanation below.
- Economic damages: Economic damages are damages that victims are reimbursed for, such as any costs or expenses incurred from the assault. Economic damages can include medical bills, lost income, and more.
- Non-economic damages: Non-economic damages are damages such as pain and suffering, and other damages that are not quantified but are still considered to be significant.
- Punitive damages: Punitive damages are damages that are meant to solely punish the defendant and are only available in specific scenarios and certain jurisdictions.
Contact an Assault Lawyer in Los Angeles
Dealing with the aftermath of an assault case is not only stressful, but it can be very difficult to deal with without a team of Los Angeles assault lawyers on your side. It’s important for victims to know that even if you have solid witnesses to testify on behalf of your criminal case, you should still consider the financial side of filing a civil case. The reason why people decide to file a civil lawsuit is so they are able to obtain financial compensation from the perpetrator. However, keep in mind that if the defendant does not have any assets to go after, then it is likely that you will not be awarded a sufficient amount in court for your losses. The reason is because a liability insurance policy does not cover acts like assault. But if an assault took place due to the negligence of another, then the negligent party may be held liable. Whatever the case is, your best bet is to contact a personal injury lawyer Los Angeles because your lawyer will be able to assess your specific situation and give you the options you need for legal proceedings. Assault victims should know that they have nothing to lose by contacting our team because we work on a contingency fee basis, which means you do not have to pay any upfront or hidden fees. In fact, the only time you would have to pay an attorney for their services if they work on a contingency fee basis is if they win your lawsuit. To learn more about assault cases and whether or not you are eligible for compensation for your losses, give us a call any time to speak to a reputable lawyer. We offer free consultations for those who have been involved in any type of personal injury matter.