what type of attorney do i need when a company assaulted me

For the criminal action you most likely would not need an attorney. If you were involved in some crime at the time of the assault then you may need one however to make sure you don't incriminate yourself. Civilly you may want to contact a personal injury attorney in your area to file suit against them for your injuries.

Full Answer

When should you hire a civil assault and battery lawyer?

Jun 28, 2021 · A few days after the violent incident, you or your attorney should ask for a copy of the police report. After a week or so, contact your local district attorney’s office and speak with the prosecutor assigned to your case. Let the prosecutor know you have medical bills and out-of-pocket expenses and need financial help to pay them.

What should I do if I’m assaulted at work?

You've come to the right place. If you have been threatened with physical harm, hit, or otherwise touched when you didn't want to be, a civil assault and battery lawyer can help.

Do I have to report an assault to my employer?

Apr 02, 2019 · Assault and battery are intentional torts, which means that both assault and battery are the result of an intentional act on the part of a tortfeasor (person who commits a tortious act). Because they are both torts, an assault or battery may serve as the basis for a civil lawsuit. However, every state also has criminal statutes for assault and ...

What do I need to file an assault lawsuit?

Jun 04, 2015 · What kind of attorney do I need for an assault case? Hi attorneys, I'm a trainee working for a trucking company that required me to be out with a trainer for 4 weeks. I was on my 8th day training and the trainer attacked me.

What do you do if you are physically assaulted at work?

2. What rights do I have if I am assaulted at work?Report the crime to the police,File a complaint with the employer, and/or.File a worker's compensation claim or a lawsuit against the co-worker and/or employer.

Who can sue for assault?

Victims of assault and battery have the right to sue their attackers for (money) damages. It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant's wrongful actions, he or she can file suit.

Can you claim for being assaulted?

In order to file assault injury claims for compensation, you need to have been the victim of a violent assault and incurred physical or psychological injuries as a result.Oct 19, 2021

Can I claim for being assaulted at work?

Employees must show evidence of where they were assaulted at work, how they were assaulted and who did it. If you would like to make a claim against your employer, you must prove that they failed to take reasonable care of your safety and were responsible for the assault happening.

Can you sue someone for acting like you?

When someone's wrongful act causes you harm, it is considered a tort. When that action is intentional, you generally have the right to pursue legal action against the perpetrator. Since intentional torts may also be crimes, it is important to discuss your case with a personal injury attorney.

Can you sue someone for harassment?

Yes, depending on where it occurred and what the facts are, you can sue for harassment: ... If you just want the harassment to stop, you may be able to petition a state court for a harassment restraining order or an order for protection. There may also be grounds for you to press state criminal charges.Nov 22, 2021

How is compensation paid to a victim?

How compensation works. ... The compensation may not cover the full cost of your damage or loss and often the offender will be able to pay it in instalments. The offender makes the payments to the court, which will then pass the money on to you. The court has to make sure that the offender pays the compensation.Jan 28, 2021

How much is criminal injury compensation?

CICA compensation amounts for a criminal injury are 100% of the first injury (most serious injury), 30% of the second (most serious) injury and 15% of the third (most serious) injury. If injuries are the same severity, one is calculated at the lower percentage.

What is victim compensation scheme?

-- (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

What to do if a customer assaults you?

Whenever an attack occurs, the first thing to do is call the police. Even if the attacker has left the scene, creating an accurate police report can go a long way to establishing your rights in both criminal and civil cases.

What are the defenses to assault and battery?

The following is a list of defenses that may apply to civil or criminal assault and battery charges: 1 Self-Defense: The most well-known defense to assault and battery is that the defendant was acting in self-defense. This means that the defendant was the person initially attacked by the plaintiff and committed assault or battery to protect themselves. This may also open the plaintiff to a counter-suit for assault and battery by the defendant. Further, a person may also use reasonable force to defend another person in some cases; 2 Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; 3 Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched. For example, if the plaintiff was actively participating in a contract sport or at a sports event where the possibility of being hit by an object was a known risk, such as at a baseball game; or 4 Denial of Elements: As noted above, a victim must be able to prove all of the required elements of an assault and battery. Thus, when a defendant disproves one of the required elements, the charges or claims against them will fail.

What is victim compensation?

Victim compensation funds are provided through a government program in order to reimburse victims of violent crimes, such as assault or battery, as well as their families for out-of-pocket expenses and medical bills. Every state has some sort of victim compensation program; thus, it is important to look up the requirements for receiving funds ...

How long does it take to respond to a civil lawsuit?

This means that you will have to legally respond to a civil lawsuit, once served, typically within 30 days, and deny the charges or assert any defenses available to you.

Is assault a tort?

Assault and battery are intentional torts, which means that both assault and battery are the result of an intentional act on the part of a tortfeasor (person who commits a tortious act). Because they are both torts, an assault or battery may serve as the basis for a civil lawsuit. However, every state also has criminal statutes for assault ...

What is privilege in criminal law?

Privilege: Some defendants may have a privilege to commit an assault or battery in some cases. For example, police officers have a privilege to use force to place a suspect under arrest; Consent: In some cases a plaintiff may have consented to being in a place where the plaintiff would be assaulted or touched.

Is assault and battery a criminal offense?

However, every state also has criminal statutes for assault and battery. This means that both acts can result in prosecution by state courts, which may result in fines and jail time for the aggressor. Although both civil and criminal assault and battery share similar legal requirements of proof, many criminal statutes may vary ...

What to do if you are charged with assault?

If you have been charged with criminal assault or battery, you should contact an experienced criminal defense attorney immediately. They will be able to help you assert any available defense to the charges brought against you, defend you in court, and guide you through the entire criminal process.

Lars A. Lundeen

Contact a Louisiana attorney immediately.. Louisiana has a very short statute of limitations for torts.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records.

Kristy Belle Guy Zinna

Based on the brief information you gave, you should consult a qualified personal injury attorney. You may have the ability to bring a lawsuit in either Florida or Louisiana, and whichever attorney you consult can give you their opinion on this based on additional questions they will likely need to ask you. Good luck!#N#More

Mark Theodore Tischhauser

You may need a Lousiana lawyer to deal with that issue, since it occurred there, but there may also be jurisidiction in Florida since you are all from here. This will all revolve around why and how such a video came to be and what it shows. You need to retain a lawyer to address any such issue immediately from several angles.

Nancy Ann Davito

I agree with the advice provided by Mr. Rash.

Bruce Ward Bain

You may be limited to workers comp. Did you file a criminal complaint?#N#Talk to a PI lawyer near you.

David Charles Rash

You should consult with an attorney who has experience handling personal injury cases. In terms of filing a lawsuit, you may typically have options of where depending on where the incident occurred, Louisiana, where the person who assaulted/battered you resides, Florida, or where the trucking company you were employed by has its principal office.

What is the crime of battery in California?

When unlawful force or violence is actually used, the crime is known as “battery,” California Penal Code 242.

Can you sue an employer for assault?

A lawsuit against the employer for a workplace assault is just one option. The victim of a workplace assault can also do any or all of the following: Complain to their company’s human resources department or a supervisor; File a police report; Apply for worker’s compensation; and/or.

What is the difference between civil and criminal justice?

The criminal justice system is focused on the perpetrator. It is about determining guilt and appropriate criminal punishment. The D.A. brings the action and decides whether to pursue charges and whether to let the perpetrator cut a deal. A civil lawsuit, on the other hand, is focused on the victim.

Can an employer be held liable for assault?

There are two situations in which an employer can be held liable for a coworker assault: The employer knew or should have known that the employee was a risk to others; or. The employer is legally liable because the employee was just doing his or her job. Let’s take a closer look at each of these situations. 7.1.

What is civil lawsuit?

A civil lawsuit, on the other hand, is focused on the victim. It is about making the victim as whole as possible. The victim is a party. This means that the victim gets to decide how far to take a lawsuit and whether to settle out of court.

Is an employer liable for an employee's actions?

In such cases, the employer may be “vicariously” (indirectly) liable for its employee’s actions. This is known as respondeat superior law. “Respondeat superior” is a Latin phrase meaning “let the master answer.”.

What are the elements of assault?

If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.

Is assault a crime?

Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.

What is the difference between assault and wrongful act?

A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.

Does liability insurance cover assault?

That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.

What is economic damages?

Economic damages are designed to reimburse you for any costs and expenses associated with the assault. Common components of economic damages include medical bills (including cost of future care) and lost income.

What is punitive damages?

Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.

What is the purpose of a civil lawsuit?

The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator. If the person who assaulted you doesn't have significant assets, there may not be much to recover, even if you're "awarded" a high amount in court.

What is battery in law?

Heres the definition: A battery is any intentional, unlawful and harmful contact by one person with the person of another. . . . A harmful contact, intentionally done is the essence of a battery. A contact is unlawful if it is unconsented to. (Ashcraft v.

Can I file a police report for my boss?

He is liable to you for your injury, and has probably committed criminal assault as well. If you have not already done so, you may want to file a police report. Further, as an injury in the workplace, you are almost certainly entitled to workers' compensation benefits to cover your medical treatment. Depending on the structure of the company and your desired present and future relationship with your boss and the company, you may want to consider how far you want to go with this. If you and your boss are likely to remain employed together and with the same relationship, criminal prosecution or civil suit is likely to aggravate the already existing workplace problems. Depending on your analysis of this situation, you may wish to pursue only the workers' compensation aspect, but you may still want to file a police report to preserve all your options. It may be a good idea to consult with a lawyer as to the particulars of your situation and discuss each of these options.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.

What do the alleged victim and the alleged harasser need to know?

Both the alleged victim and the alleged harasser need to know that the determination made by the employer after the investigation is fair and objective. Each of these employees needs their own lawyer to analyze the report of the investigation to make sure that:

Can an employment lawyer help with sexual harassment?

An experienced employment lawyer can assist the sexual harassment victim in persuading the employer to conduct a thorough, good faith investigation of the alleged harassment. This is what the law requires, and a lawyer can hold the employer to that obligation.

What happens after an investigation?

After an investigation, regardless of the findings, the employer must take appropriate action. If the investigator found that harassment occurred, the employer must take effective action to address what happened (such as disciplining the harasser or assigning the victim to a different manager) and to prevent it from happening again.

Do employers have to investigate sexual harassment?

Employers must investigate claims of workplace sexual harassment. Sometimes, employers take other actions during an investigation, such as separating the employee claiming harassment from the alleged harasser or placing the alleged harasser on leave. If you are either the employee claiming harassment or the employee who is alleged ...

Can an employee feel alone in a harassment process?

And, the employee may not know his or her rights or have the confidence to assert them.

Daniel G. Galivan

You need to consult with an experienced personal injury/premises liability attorney as soon as possible. Most of us will provide you with a free consultation.

Charles Joseph Michael Candiano

The State's attorney is your attorney for purposes of the criminal matter. The criminal conviction will settle all civil issues except damages. If you incurred expense for medical bills, lost wages, etc, advise the State's Attorney. She can seek restituion as part of any sentence. That is probably the only way you would get any money...

Brian C. Pascale

For the criminal action you most likely would not need an attorney. If you were involved in some crime at the time of the assault then you may need one however to make sure you don't incriminate yourself. Civilly you may want to contact a personal injury attorney in your area to file suit against them for your injuries.

Daniel O. Stamm

You are a witness, not a party, to the criminal case. You don't specifically need an attorney for that case, but you would need an attorney to litigate the civil case against the defendants.#N#Given that you were "recently" assaulted, you are not in danger of having a statute...