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Assault describes circumstances where you suffer psychological damage or physical injuries, or both in an attack. The assault could also result in damage to property. An assault case must capture a situation where the attacker intentionally acted to intimidate you by causing fear of harmful eventualities on you, or the defendant harmed you by his activities.
Under which circumstances Can I Sue Someone for Assault?
In the legal perspective, assault sums up offensive physical contact, which causes you mental or physical injury. However, the circumstances in which the purported act took place calls for careful analysis to determine if you have a case. To begin with, you must prove beyond doubt that the act was intentional. If a person punches you, that is battery under civil law. The jury would need to confirm if the injury was intentional, whether it was an act of negligence or just an accident in their verdict. The law additionally includes sexual harassment and abuse and you should seek damages for assault under any of these circumstances.
What is the Merit of an Assault Claim?
In a civil suit, your case receives review based on:
As the plaintiff, you receive compensation for any other harm expected from the act of assault. These considerations include psychological distress and other long-term adverse effects arising from the crime.
These comprise small awards you receive if you manage to prove assault but suffered no real harm from the affront, or are unable to provide any evidence of actual harm, but you suffered apprehension.
This charge describes aggravated assault and punishes extreme and intentional malice especially sexual abuse of minors or where the felony was intended as a punishment to a defendant.
A sample case
In Mid September 2009, two high school students from Belleville, Missouri were charged with aggravated assault for battering a 17-year-old in a school bus.
Can I Sue Someone for Assault and Win?
For you to file for damages successfully, you could appeal to any witnesses you know privy to the case to give evidence at the trial. Their accounts could go a long way in proving that the defendant harmed you intentionally. Doctor’s reports are crucial in determining the extent of injury, whether physical, mental or social, arising from the assault. The doctor’s report may further prove you deserve compensatory damages for you suffering. For damaged property, an accredited valuer should give the actual or estimated value of the property to facilitate compensation.
How much is your Case Worth?
The damages awarded depend on the extent of injury and the wealth of the defendant.
How Much Will I Pay?
Consider fees for case related expenses like expert witnesses and investigators, research, photocopies, and interviews, if you require them. This could be from $2000 to close to $8000 and do not include the attorney fees.
Consult a reputable lawyer or legal firm for a free quotation on all the costs and sign a contract only when you are satisfied with the terms of the agreement.