Can I Pursue Compensation for Assault?

Can I Pursue Compensation for Assault?

Victims of assault have a lot to contend with after they’ve been attacked, which is one of the many reasons they should receive compensation for the damage they’ve sustained. Depending on the nature of the assault, victims might be dealing with psychological problems, emotional turmoil, physical injuries, and more. During this trying time, victims should be able to focus on healing and recuperating, which is where financial compensation comes in handy.

If your assault caused you harm, you may be dealing with hefty medical bills, costly therapy sessions, loss of wages while out of work, and the cost of property damage. To make your recovery less stressful, make sure you know your legal options after an assault.

Understanding Assault Lawsuits

According to Penal Code 240, assault, or a “simple assault” in California is defined as any attempt to inflict a violent injury upon someone else. If the assailant actually causes harm, the crime is categorized as battery. Assault and battery often go hand-in-hand, though assault charges can stand alone if an attacker intends to cause harm or threatens to inflict physical damage, which often leads to emotional distress, extreme fear, and other negative emotions.

If someone causes you physical harm, threatens to do you harm, or if they in any way impose non-consensual physical contact, you may be eligible to take legal action against them. Assault and/or battery charges can be extremely serious, and can result in major legal repercussions for the assailant. If convicted, your abuser may face legal fines, jail time, community service, and more. However, if they truly caused you serious harm, is that enough?

Assault Injuries

An assault may be physically damaging, emotionally harmful, or intentionally offensive. If someone threatens physical harm and gives the victim true cause to fear for their safety, they can cause serious emotional distress, anxiety, and other major issues. In fact, if someone were to intentionally inflict emotional distress, they could be responsible for civil damages. These types of injuries can be extremely difficult to recover from, which is one of the many reasons you may choose to file a lawsuit against your attacker. If you were physically harmed, you might be dealing with severe pain, discomfort, and hefty medical expenses. However, even if you were never physically harmed, the turmoil of a verbal assault could leave you with anxiety, PTSD, or other types of emotional harm.

Most personal injury lawsuits are filed by individuals who survived car crashes, slip and fall incidents, and other similar types of accidents, but victims of assault can pursue compensation as well. If you were intentionally harmed by another person, you may be eligible to file a civil lawsuit to pursue justice and compensation.

What Type of Compensation Could I Receive?

Assault can be extremely damaging, which is why the value of each claim varies so significantly. If you suffered extensive physical harm, your claim might be more valuable than someone else who faced the threat of harm. However, both situations could make for valid legal claims.

The type of compensation you receive may vary depending on the circumstances of your assault, but can include the following:

  • Medical bills
  • Future medical expenses
  • The cost of property damaged in the assault
  • Pain and suffering
  • Loss of wages

In some cases, the court might also award punitive damages, which are designed solely to punish the abuser for their actions. Or, if the assault took place on private property that was poorly maintained, either by broken locks, poor lighting, or any other type of negligence, the property owner might also be liable for your injuries. If you were harmed by an assailant, make sure you take immediate action to protect your legal rights and hold the liable party responsible for the harm they caused.

Contact Caputo & Van Der Walde LLPto discuss your assault case with our firm. Ask about our free case reviews.