Legal Assistance for Victims of Assault & Battery
Most of us think of assault and battery as a criminal offense. And it very well may be.
But you also have the right to bring a civil assault and battery lawsuit against the wrongdoer.
If convicted of criminal assault and battery the wrongdoer may go to jail. If you win a civil assault and battery lawsuit, the wrongdoer will very likely have to compensate you financially.
Damages You Can Recover
If you bring a civil assault and battery case against someone who hurt you, you are eligible for compensation for:
- Physical injuries
- Emotional distress
- Loss of a loved one who is killed or disabled
- Medical costs
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of financial support
- Damage to other physical property
- Punitive Damages
The Most Famous Example
The most famous such civil trial was the O.J. Simpson case. Though found “not guilty” of murder in a criminal court, O.J. Simpson was found guilty in a civil assault and battery lawsuit and ordered to pay his victims’ family millions of dollars.
Under the Law: Assault and Battery
“Assault” and “battery” are really two separate concepts. We say “assault and battery” because the two usually go together -- but not always.
“Battery” is knowingly touching someone in a way that’s harmful or offensive.
“Assault” is knowingly placing someone in fear of an imminent battery. This may happen if someone charges at you, threatens to hit you, waves a weapon at you, or threatens to touch you in an offensive way.
It may even be assault if someone merely tells you that they are about to injure you or touch you offensively. Sexual harassment may lead to an civil assault and battery lawsuit.
There May Be Others Liable
Sometimes you can’t bring a civil assault and battery lawsuit against your attacker. The authorities may not have caught him yet.
Depending on your particular situation, there may be other entities responsible for what happened to you. These may include:
- The owner or the person who controls the premises where you were attacked (such as a business or school)
- Your attacker’s employer, if your attacker was on the job or using company property at the time
- Local, state, or federal government, in such circumstances as police misconduct or failure to warn of your attacker’s sex offender status
- People who helped your attacker to assault and/or batter you. This might include a gun dealer or manufacturer
Civil Law is Not Criminal Law
O.J. Simpson was convicted in civil court when he couldn’t be convicted in criminal court because the burden of proof in a civil court is different than in criminal court.
David Olan and Toby Noblin of Olan Law would never take a criminal assault and battery lawsuit. But they are experienced professionals in recovering damages in a civil assault and battery lawsuit.
The Cost of a Lawyer
In most cases Olan Law works on a contingency basis. This means that you pay no fees until your case is resolved.
How Much Time You Have
In the law there are deadlines (statutes of limitation) by which time you must file your civil assault and battery lawsuit. If you miss the deadline, you are giving up your Constitutional rights to ever bring a lawsuit in this affair.
Going to an attorney as soon as possible is also best for your case. Your attorney will begin investigating your case, take statements from you and from witnesses before memories fade, and ensure that records are not lost.
Contact David Olan at Olan Law today for a free, no-obligation consultation.