If you or a loved one has been physically assaulted, you have the right to hold the person assaulting you financially responsible for any harms they have caused. The type of “damages” recoverable in an assault and battery case include compensation for your medical and pharmaceutical bills, lost wages, physical pain, and emotional suffering. Because an assault is completely intentional, a jury may also award you “punitive damages” from the person assaulting you. “Punitive damages” are a form of compensation designed solely to punish the the offender. The Raleigh attorneys of Maginnis Law have successfully handled assault and battery cases. We can assist with protecting your interests through the difficult personal injury litigation process.
Basics of a Civil Assault and Battery Claim
A personal injury battery claim exists when: (1) defendant intentionally causes a bodily contact with the plaintiff; (2) the bodily contact caused the plaintiff physical pain or injury; and (3) the plaintiff did not consent to the bodily contact. Essentially, a claim exists when another person strikes you without your consent and causes injury. Because many assault and battery cases also involve a separate criminal case, it is important to know what you can recover in the criminal context and what you can recover only in the civil case. In the criminal case, the Judge may require the defendant to pay “restitution.” Often, this is simply your medical bills and lost wages. The criminal court will not usually order the defendant to pay the victim’s compensation. In order to recover for these types of harms, you will likely need to file a civil assault and battery claim.
Common Difficulties in Assault Cases
Civil assault and battery claims are difficult to handle on your own. In most cases, the defendant will contrive some sort of self-defense or provocation argument. They will attempt to argue that you “started it”. Through extensive discovery and investigation, legal council will expose these defense as false.
Another common difficultly in assault and battery cases is finding a source of recovery. Many defendants in assault and battery simply cases do not have assets or hide those assets. Therefore, it is important to have counsel experienced in locating a defendant’s assets after obtaining a judgment. Maginnis Law has attorneys who regularly perform post-judgment collection activities and who can attempt to locate assets hidden by a defendant. We will also help you in determining whether there are any other responsible parties – for example, a bar or venue that over served the defendant alcohol.
The Raleigh assault victim lawyers of Maginnis Howard provide free consultations to victims of an assault throughout North Carolina. In many cases, we can offer a contingency fee agreement. With this type of agreement, you pay no attorneys’ fees unless and until we make a recovery on your behalf. Please visit our contact page for information on how to reach out to our firm.