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Can Victims of Assault Sue for Personal Injury?

The majority of personal injury lawsuits are over things like car accidents and slip and fall accidents. There are some instances, however, in which a person can sue when an injury was intentional rather than accidental. Thus, injured victims of battery can file a compensation-seeking civil lawsuit. But what about victims of assault, which involves intentional threats of harm but does not necessarily involve actual physical contact?

Victim’s Rights After an Assault

A person who is the victim of assault does have the right to file a civil lawsuit seeking compensation for damages incurred as a result of the attack. This may result in the awarding of nominal damages for things like emotional and mental distress, which is also an important step in establishing the defendant’s liability for punitive damages.

When an attack happens on another person’s property due to negligent security or negligent maintenance of the property, the victim may have a valid premises liability case and may seek compensation from the property owner. If the attacker is identified, he or she may also face criminal liability.

Consult a San Jose Injury Attorney

Since every case is different, it is essential to discuss the circumstances of your unique case with an attorney who can assess whether you have grounds for legal action. If you have suffered an injury as a result of assault or battery and have questions about your legal rights, we encourage you to reach out to the San Jose personal injury attorneys at Caputo and Van Der Walde – Injury & Accident Attorneys. Our experienced trial attorneys have over 100 years of combined experience and are highly recognized in our community for our awards and achievements. We are committed to helping the injured obtain justice and have won multi-million-dollar case results. Speak with us today about how our firm may be able to help you.