If another party attacked or threatened to attack you or your loved one, you probably have several questions about how to proceed from here. The most common questions that follow an assault or battery are:
- Can I sue my attacker?
- Is anyone other than perpetrator responsible for my injuries?
- What compensation could I recover for my injuries?
- Do I need an assault and battery injury lawyer in Atlanta? If an insurance company is involved, can I deal with the insurance adjuster myself?
At S. Burke Law, our team is here to help. While you can get to know us through our bios, we want to meet with you face-to-face to get to know you, answer your questions, and create a plan to help you move forward. To schedule a free consultation in Atlanta, please call 404-843-7838 today and learn how you can get started.
Assault and Battery: What Is the Difference?
Many people think of assault and battery as interchangeable or part of the same crime. However, assault and battery are two separate intentional torts that sometimes occur together.
Assault occurs when someone attempts to or threatens to injure another person (and places that person “in reasonable apprehension of immediately receiving a violent injury”). For example, if someone attempted to punch you, that is assault. If a person threatened to punch you while cocking his fist back, that is assault.
Battery occurs when someone intentionally causes “substantial physical harm or visible bodily harm” to another person. If someone punched you, leaving you injured, that likely constitutes battery.
S. Burke Law Can Help Recover the Compensation You Deserve
You may be entitled to compensation if another person was responsible for your injuries and you suffered damages. Sometimes the only way to protect your legal rights is to file a lawsuit. Other times it is possible to settle out of court.
Before we recover the compensation you deserve, we need to identify a liable party. Establishing liability of the perpetrator requires getting around common defense arguments such as provocation, self-defense, or consensual combat. The perpetrator may also argue that you did not suffer damages as a result of the assault or battery.
Sometimes a third party such as a property owner, employer, or business establishment contributes to assault and battery by failing to maintain proper safety and security measures. In this case, you may file a claim with the third party's liability insurance arguing negligent security, poor lighting, or other conditions contributed to the attack.
Some of the damages for which the perpetrator and other parties could be liable include:
- Hospital or surgery expenses
- Follow-up treatment (e.g., medical, psychiatric, pain management)
- Rehabilitation costs
- Vocational or occupational therapy
- Lost income
- Reduced earning capacity
- Loss of vocational benefits
- Pain and suffering
- Scars or disfigurement
- Costs of household work that the injured person can no longer perform
- Child care costs for care related to the injury
- Home or vehicle alterations to accommodate a disability
- Wrongful death damages
At S. Burke Law we want to help you recover from the physical and emotional toll an assault and battery can take on you and your loved ones. Lighten your load by reviewing your case with us. We will sit down with you, answer your questions, walk you through the process, and strategize the best path to pursue compensation for damages.
Secure an Assault and Battery Injury Lawyer in Atlanta to Protect You from the Insurance Company
It is not a good idea to provide information to an insurance company without first reviewing your case with an attorney. While you can deal with insurance companies directly, this can result in a reduction in compensation if you fall for certain insurance company tactics like asking for a recorded statement from which they twist your words or offering a lowball settlement right away.
No matter how friendly or sympathetic an insurance adjuster might seem, the adjuster is not your friend. They are doing what they can to protect the insurance company’s bottom line. Sheryl Burke is a former insurance adjuster and knows insurance company tactics. She and her team will anticipate and protect your claim from these tactics.
S. Burke Law Will Handle Your Case from Start to Finish
From the start, S. Burke Law will do everything possible to move your case forward. Some of the work we undertake could include:
- Investigating the incident, finding all liable parties
- Evaluating security measures at the site of the assault or battery
- Interviewing eyewitnesses
- Obtaining and reviewing surveillance footage
- Dealing with the insurance company
- Corresponding with medical treatment providers and your employer
- Filing claims and lawsuits within the statute of limitations
- Consulting experts such as economists and physicians
- Investigating all avenues of compensation
- Valuing your claim
- Preparing your claim or lawsuit