what type of attorney if i was assaulted

What does an assault attorney do?

Apr 02, 2019 · If you have been sued for civil assault or battery, you should consult with a well qualified and knowledgeable personal injury defense attorney to evaluate if the claims made against you have merit and help you assert any available defenses you may have. Further, they will be able to represent you in a court of law, if necessary.

How much does a lawyer cost for an assault charge?

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. A civil assault and battery lawyer helps victims sue for money damages from the assailant. Use FindLaw to hire a local civil assault and battery lawyer to get compensation for medical expenses, emotional …

Do assault lawyers handle domestic assault?

Any time a person has been assaulted or sexually assaulted on the property of their home or elsewhere, they should speak to a negligent security attorney who can help them with their case. Victims may be entitled to receive compensation for one or …

Do you need a lawyer for a simple assault charge?

Feb 24, 2013 · A personal injury attorney can help you pursue a prospective case against your assailant and any other parties that may be responsible for what occurred (EG: the hotel, the police department, etc.). If you would like to call my office tomorrow, I can give you some additional insight.

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.

What happens with assault?

Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.

Can I sue for assault while the criminal case is ongoing explain it?

While you can sue for assault while the criminal case is ongoing, the better question is whether you should. In general, it is better to wait until the criminal case is resolved before filing a civil lawsuit for assault.Oct 27, 2017

Can you sue someone for assault in NY?

New York City Assault Injury Attorney. ... You can file a personal injury lawsuit against your attacker, regardless of whether they're formally charged with a crime. By filing a civil assault lawsuit, you can recover compensation for your pain and suffering, medical expenses, and more.

How serious is a common assault charge?

Common assault is the least serious of the assault charges. It is governed by s39 of the Criminal Justice Act 1988. Whether you will go to prison for a common assault first offence depends on a number of factors. All offences before the courts have sentencing guidelines.

What punishment do you get for assault?

Common assault: the maximum sentence is six months' custody. if the assault is against an emergency worker, the maximum sentence is one year's custody. if the assault is racially or religiously aggravated, the maximum sentence is two years' custody.

Is assault a negligence?

Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. ... In criminal law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.

What are the two types of assault?

Assault is often subdivided into two categories, simple assault and aggravated assault. Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed.

What is the difference between tort assault and criminal assault?

Torts, or a wrong committed against a person by another person, cause damage. While multiple types of torts exist, assault is considered intentional. An assault is committed on purpose, and it's up to the plaintiff to be able to prove that the tort was committed intentionally.

Is assault a misdemeanor in NY?

Simple assault is an A misdemeanor, punishable by up to one year in jail. A sentence for this crime could also be a conditional discharge or three years' probation. This is charged when the defendant: Intends to physically injure someone, and in so doing he cause injury to that person or someone else; or.Nov 18, 2020

What is aggravated assault in NY?

What is Aggravated Assault in New York City. Aggravated assault charges arise when someone causes severe bodily injuries to another person. The defendant must have acted recklessly, knowingly, and with intent to harm the victim.

What constitutes assault in NY?

In New York, an assault occurs when a person injures someone else without legal justification. ... In New York, an assault occurs when a person injures someone else without legal justification. Assault can be charged as either a misdemeanor or a Class D felony or higher level Class B felony.

Christian K. Lassen II

Best bet is to contact one of the personal injury attorneys who answered above, as my firm only handles catastrophic injuries now. Good luck.

Stewart C Crawford Jr

As my colleagues have already indicated, a personal injury attorney is likely your best option in pursuing any recovery from the guest and the hotel. To preserve your claim, make sure your injuries and the event itself are well documented.

Robert Bruce Kopelson

get all appropriate medical care,and contact a local injury lawyer. Try Mr. Lassen who posts all the time on Avvo, and who you can search on avvo to find his contact info.

Joseph D. Lento

I am sorry to hear about your trouble. A personal injury attorney can help you pursue a prospective case against your assailant and any other parties that may be responsible for what occurred (EG: the hotel, the police department, etc.). If you would like to call my office tomorrow, I can give you some additional insight...

David B Pittman

There are many facts to consider when thinking about bringing a claim. Who is negligent and liable? This could be a case against the hotel for lack of security.

Thomas Kenny

You need an injury lawyer. Your lawyer needs to investigate if the hotel is liable for a lack of security.

Question

I was assaulted and left with a permanent injury and disability. Can I sue the attacker? How much would I get?

Answer

If you have been the victim of a physical attack such as an assault, you have the legal right to get compensation for your medical expenses and other losses. You can do this by filing a personal injury lawsuit alleging that the attacker committed the intentional tort of assault, and you were harmed as a result.

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.

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.

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.

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.

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...

What is the second element in a premises liability case?

The second element in a premises liability case is establishing that the duty of care was breached in some way. To hold an owner responsible for an assault on his or her property, it must be shown he/she was negligent.

How to contact Jason Schultz?

Contact us online or call (404) 474-0804 to set up a consultation. If you have been a victim of property owner or security negligence, call Georgia Super Lawyer and premises liability attorney Jason Schultz for help at (866) 455-4079 . He is more than willing to discuss your legal options with you and to answer any questions you may have about your ...

What can a personal injury lawyer do?

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment. Discrimination based on disability, race, gender, age or religion. Wrongful termination. Pregnancy discrimination .

What is workplace violence?

According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse. If you have experienced a physical, behavioral, or verbal act of violence at your workplace, ...

What is the statute of limitations for workplace violence?

When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.

How to contact Parker Waichman?

If you or a loved one was injured in an act of workplace violence, contact Parker Waichman LLP today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529) .

Can an employer fire you for a lawsuit?

Suing for workplace violence, harassment, or assault is legal, and a company cannot fire you for filing a claim against them. Even if you lose the lawsuit, the employer still cannot fire you for pursuing the lawsuit. We all have a right to an attorney if we believe we’ve been victims of a crime with no repercussions.

What to do if you have been threatened at work?

If you have been threatened, harassed, or have been the victim of physical violence at work, the first step you should take is to report it to your supervisor to create a record of the incident. If your employer doesn’t address it and it continues, then the next step is to report the incident to your local police.

Is workplace violence sensitive?

Workplace violence cases can be especially sensitive and difficult to talk about. Depending on what happened to you and for whom you worked, you might be reluctant to open up about the incident. We can assure you that a Parker Waichman LLP workplace violence lawyer takes attorney-client privilege very seriously, and we only hire caring, compassionate lawyers. Your privacy will be fiercely protected, and your attorney will create an environment in which you feel comfortable talking about what happened.

What Is Assault?

• In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an "intentional tort" when it is made the subject of a civil case. Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liabilit…

See more on alllaw.com

Elements of Assault

Injuries and Damages in Assault Lawsuits

Should You Sue?