How much you can sue for after an assault and battery depends on the circumstances of your case — the severity of the attack and how your injuries have affected (and continue to affect) you.
What Factors Might Affect the Compensation I Can Receive?
You can calculate the amount of money you can recover from another party (or parties, if there was more than one perpetrator) by using a variety of factors. These factors could include (but are not necessarily limited to):
- Age of the victim at the time of the assault and battery
- Nature of injuries
- Length of time needed to recover from injuries, the permanency of the injuries
- Extent of medical care required to reach maximum improvement
- Lifestyle of the victim before and after the injuries
- Average income and future earning potential of the victim
- Impact on other immediate family members
- The circumstances leading up to the assault and battery
- Quality of evidence available to prove wrongdoing
- Collateral sources of compensation
- The amount of insurance coverage available and/or collectability of the perpetrator
- Whether punitive damages are available
Who you can hold liable may also affect how much you can sue for after an assault and battery. If you sue only the individual who attacked you, you are likely to receive a small settlement. However, if there was another party indirectly responsible for the attack, such as a bar for failing to provide security or replace a burnt-out streetlight, you might be able to recover a higher settlement.
My team and I will look into your assault and battery and determine what parties we can hold liable.
What Compensation Might I Be Entitled To?
Assault and battery experiences can cause long-lasting scars, both physical and mental. I have helped clients recover compensation for a variety of damages that another person caused. These include:
- Lost wages
- Minimized earning ability
- Loss of employment-related benefits
- Hospital, doctor, and dental bills
- Emergency transportation bills
- Over-the-counter and prescription medication
- Costs incurred to replace household labor that you can no longer do yourself
- Child care expenses necessitated by the injuries
- Emotional distress
- Pain and suffering
- Damages to spouse for loss of consortium
- Punitive damages
Assault and battery can lead to serious physical injuries and emotional trauma. Permanent disfigurement or disability can change a victim’s life forever. These incidents can also force victims to deal with intrusive thoughts about what happened and whether they could have avoided it. Fearful thoughts of future well-being can become a new way of life. This can all lead to a decreased enjoyment of life.
When you meet with me and my team, we will go over your entire case to determine a fair compensation award for both your economic and noneconomic damages.
What Do I Need to Prove to Recover Compensation?
To recover compensation for assault and battery, you must prove that another party assaulted or physically attacked you or was responsible for the attack.
Assault requires proof that another person intentionally caused you fear of immediate harm. For example, if someone threatens to punch you while raising his fist, he has committed assault. Threats and threatening behavior may be difficult to prove if there were no witnesses and the threats or threatening behavior were not typed, written, or recorded. However, we will look into your case to determine if there is any other way to prove assault took place.
Battery requires proof of a physical contact without your consent. For example, if someone punches you at a bar, you have been the victim of battery.
Because these are serious allegations, we must provide strong evidence the assault or battery took place. For example, surveillance video or testimony from a bouncer will be helpful in proving the assault or battery occurred.
What Can I Expect From an Assault and Battery Claim?
While you are already struggling with a difficult situation, to add insult to injury, you may also be dealing with an aggressive insurance company that will try to limit your compensation by putting the blame for what happened on you as well as by minimizing your injuries. It is important to have an attorney build up your case to be sure that you do not leave any holes the defense can attack.
Not having the right type of proof or saying the wrong thing can limit your compensation. It is very important, therefore, to review the details of your case with an attorney who has experience as an attorney and as an insurance adjuster. I am that attorney.
Call S. Burke Law to Discuss Your Case Today
Having a knowledgeable lawyer on your side after an assault and battery is critical. I would like to discuss your case with you to provide further information. Call me at 404-842-7838 today so that I can walk you through the steps of pursuing compensation. I will help you understand your options and provide you with an idea of what your case is worth.