Can I sue someone for hitting me?
When a person threatens violence towards another person, it is considered assault. If a person carries out our acts of violence to intentionally hurt and insult another person, it is considered assault. Assault and battery cases are typically handled in criminal court, in which culprits face penalties including trials, hearings, probation, fines, jail time, and more. But what about the victim?
Although criminal law does serve to punish the accused in such cases, it does not necessarily address the needs of the victim. This is why many assault victims inquire about their legal rights to compensation for the losses they suffered as a result of their unfortunate injuries. If you have been wrongfully beaten or assaulted, you can sue. The real question is whether it is worth your time. Talk to a personal injury attorney to determine your eligibility for compensation as soon as possible, before the statutes of limitations expire.
How to Sue for Assault and Battery
If you are assaulted, the first step is to call the police. It is important to do this as soon as possible, either from the scene of the accident, the hospital, or as soon as you reach a safe place. Police will bring in med techs and ambulances to ensure your health and injuries are managed properly. But if you are seriously injured, call 911 first, then the police.
Make a detailed police report and take multiple photos of your injuries and the crime scene. If the attacker fled the scene, give the police as much information as you can remember about him, including clothing, height, gender, hair color, car, and more. If you know who they are, give the police everything you know about them, including contact information, residence, vehicle, employment information, and more. This will allow them to locate defendants faster and bring them to face charges.
The police report and medical record will be evidence in your case against the defendant. These files, along with pictures of your injuries, medical appointment and treatment records, and eyewitness statements, will build a strong case against the culprits. Your next step is to contact a personal injury attorney. They will assess the details of your accident and determine the best legal course to take. They work on a contingency fee basis, which means if they don’t collect compensation for you, you pay nothing. So you don’t have to worry if you can afford representation, as there are no up-front fees.
As mentioned above, the real question about suing for assault is whether or not it’s worth it. For example, if his injuries are not extensive, a judge may hesitate to award him compensatory damages unless his accident and injuries directly caused him medical bills and lost wages. However, a judge may decide to award nominal damages to acknowledge that your rights were violated. In some cases, a judge may decide to award punitive damages. It is important to discuss your rights with an experienced personal injury attorney in order to accurately and effectively pursue a claim against a person who struck you.