An assault incident can have a devastating impact on the victim. Even in the absence of physical injury, victims suffer emotional and psychological wounds that take years of therapy to heal. Some of the expected effects of assault include fear, anxiety, anger, and hypervigilance, just to mention a few. Depending on the specifics of an incident, assault can push a victim to the extreme by causing depression, PTSD, and an inability to find pleasure in previously enjoyable activities. As long as an incident leads to damages caused by your attacker's wrongful actions, you have a right to file a civil suit and seek compensation. 

Your attacker does not need to be found guilty in a criminal court for you to sue. However, a guilty verdict in a criminal court can amplify your claim and increase your odds of receiving a settlement. We can help you gather the evidence needed to file a strong case and even sue multiple parties, depending on the specifics of your case.

Assault Defined

Penal Code 240 describes assault as the unlawful attempt or threat, coupled with the present ability to injure another person violently. While it is common for people to use assault and battery interchangeably, these are two distinct crimes. The latter refers to the actual use of force or violence against another person.

For an assault case to be established, the victim needs to have a reasonable fear of being attacked. This means that the attacker must have the ability to apply force for a threat to be credible.

Eligibility for Assault Compensation

For you to make a claim, it will be necessary to establish that the following is true:

  • You are a victim of criminal assault

  • An incident lead to damages that you can prove

  • You reported the incident to the police for investigations

Moreover, you should beware of the California Statutes of Limitations that govern assault cases. You must file a claim not more than two years from the date of an incident. A few exceptions apply, especially for cases when a victim discovers damages years after an assault.

It is also important to note that you are eligible for compensation even if your attacker has not been arrested or convicted for assault. As long as you reported the incident to the police, you can file a civil lawsuit and still enjoy maximum winning chances. This is irrespective of whether there is an ongoing criminal case against the perpetrator or even the judge dropped the case.

Generally, you qualify to file a civil lawsuit as long as you were a victim of assault through no fault of yours and you suffered damages. The injuries do not necessarily have to be physical; they could be psychological. Note that emotional wounds can affect the quality of your life and overall well-being by causing anxiety issues, PTSD symptoms, nightmares, or even sleeping trouble.

If you are unsure whether you are eligible for assault compensation, contact a personal injury attorney for personalized legal guidance. It remains imperative to act with speed to ensure justice is served. Note that even if you have a credible claim, you cannot pursue it once the Statute of Limitations has elapsed.

The Amount of Compensation to Expect From an Assault Civil Lawsuit

As aforementioned, you have a right to file a civil assault lawsuit if your attacker willfully put you in reasonable fear or apprehension of physical harm.

There are several types of assault which include:

  • Simple assault

  • Aggravated assault

  • Sexual assault

  • Assault with a deadly weapon

When filing your claim, it is crucial to note that the amount of compensation you will receive will depend on the type of assault you suffered. Although each case is unique, it is typical for specific natures of assault to cause more damages than others. Moreover, a judge can opt to offer punitive damages when an attacker demonstrates a higher degree of intent to cause harm.

Here is what you need to know about the damages a court can award for an assault civil lawsuit:

Nominal Damages 

If you did not suffer any actual harm, the court could award nominal damages. This is a small sum of money awarded for suffering the apprehension of harm. Apprehension causes psychological or emotional harm because victims go into a state of fear.

A nominal damage award, irrespective of the amount awarded to a plaintiff, fulfills an essential requirement for receiving a punitive damage award. Punitive damages do not cover any economic or non-economic damages and are meant to punish an assault perpetrator for their wrongdoing. The law requires a plaintiff to have received an initial compensatory damages award before a judge can give punitive damage compensation.

Compensatory Damages 

Compensatory damages cover the economic and non-economic damages suffered by the plaintiff. The award is meant to make an assault victim whole by returning them to their financial position before an incident. The amount offered should cover all the harm and expenses incurred due to an assault.

General damages are non-economic damages a victim suffers naturally because of specific wrongdoing. They include:

  • Pain and suffering

  • Emotional trauma

  • Mental anguish, stress, and pain

The general damages suffered are not associated with actual expenses and do not have tangible bills. If a matter ends up in court, it will be up to the jury to decide how much compensation you deserve for general damages.

On the other hand, special damages are economic expenses incurred as a result of an assault. For instance, a plaintiff could be forced to seek therapy to cope with the trauma or could skip workdays after an incident. A proper settlement must cover:

  • Medical expenses

  • The cost of future care (often psychiatric care)

  • Lost wages

  • Loss of future wages because of ongoing therapy sessions

Punitive Damages

When an attacker demonstrates an intentional and malicious intent to cause harm, this can be grounds for the court to award punitive or exemplary damages. Again, the compensation does not cover any actual damages suffered by a plaintiff. The only purpose of punitive damage is to punish a defendant and deter others from similar conduct.

Again, the jury is tasked with determining whether a plaintiff deserves punitive damages and how much compensation should be awarded. Here are some of the aspects jurors consider:

  • The nature of the acts of your attacker

  • The level of harm caused

  • The degree of intent to cause harm

Assault cases mainly involve an intention to cause harm. Victims often do not suffer severe physical harm, limiting the compensation they can receive for nominal or compensatory damages. Your attorney will find the best tactics to ensure the court awards punitive damages. After all, this is often the only significant award available for plaintiffs.

The standard of proof when dealing with civil cases is much lower than criminal cases. In civil proceedings, we merely need to prove that an assault perpetrator is guilty by a "preponderance of the evidence." 

A competent lawyer will present evidence, call upon witnesses' testimonies, and use various other strategies to make the jury believe that a defendant is more likely than not to have committed assault against the plaintiff. There are only nine jurors in a civil lawsuit, which further increases the odds of receiving fair compensation.

Is It Possible To Sue Multiple Parties?

Sometimes, a personal injury attorney can file an assault civil lawsuit against multiple parties. This is more so if an incident happens within an institutional setting such as a work environment, school, church, hospital, nursing home, or community organization.

Your attorney will consider whether:

  • A third party owed you a duty of care

  • Their negligence or failure to exercise their duty of care contributed to your assault

For instance, a nursing home owes its residents a duty of care to keep them safe and happy. If a caregiver or an intruder assaults a resident, the establishment is also liable for damages. Essentially, the nursing home is responsible for its negligence when screening, hiring, or retaining the employee. In the case of assault from an intruder, the institution is liable for its failure in providing proper monitoring, security, or supervision within the facility.

Suing a third party can ensure justice by holding everyone responsible for an assault accountable for their actions. It takes having a competent personal injury attorney to prove liability and present arguments that ensure you receive maximum compensation.

Compensation for Assault Witnesses

Witnessing an assault or any other violent crime can have a harrowing effect. Often, innocent bystanders suffer from trauma immediately after witnessing an incident. Some continue to suffer for months or years following a violent act. Some of the expected effects of witnessing assault include:

  • Anxiety and panic attacks

  • Depression

  • Fear of visiting certain areas or even stepping outside

  • Nightmares

  • Sleeping trouble

  • Loss of appetite, etc.

If you have suffered damages stemming from witnessing an assault, you are eligible for compensation as long as you can prove the effects of an incident on your health or ability to work. Again, proper compensation should make you whole and return you to your financial position before witnessing the violent crime. 

Generally, you deserve compensation if:

  • You witnessed an assault, and the attacker subjected you to negligent infliction of emotional distress.

  • An assault on the victim resulted in the loss of consortium, companionship, intimacy, or moral support from your spouse or registered domestic partner.

You need a skilled personal injury attorney to prove the needful elements of a case and bring home the compensation you deserve.

Steps for Claiming Compensation After an Assault

Every assault case is unique, and the proper steps to take when seeking compensation will highly depend on the specifics of your matter. However, there are standard litigation landmarks to expect when pursuing a civil lawsuit.

First, you must show that you have a legitimate case by proving you have suffered some damage. Unfortunately, your case cannot go far if you cannot table some proof of injury. Remember that evidence showing the extent of injuries can play a significant role in shaping your case.

As aforementioned, you can pursue an assault civil lawsuit even if you did not suffer significant physical harm. You can prove that an incident caused emotional wounds or other damages by establishing the following:

  • Medical expenses allied with seeking psychological care

  • Loss of earnings

  • A journal documenting your pain and suffering following an incident

A skilled attorney can do an exploratory investigation to ensure that filing a case is worth it. The expert will first determine whether your attacker has applicable insurance or sufficient assets to provide a settlement.

Filing a Complaint and Serving the Defendant

Once your attorney establishes a case worth pursuing, you can now file an assault civil lawsuit with the court. This complaint is the first official document that provides in-depth details about an incident and the damages suffered. Your attorney will have a month or so to locate your attacker and physically serve the defendant with the complaint.

The court gives the defendant a month or more after being served with a complaint to find an attorney or notify the applicable insurance company. If an insurance company is involved, it will hire a lawyer and send out insurance adjusters to try and settle the issue outside the court.

Pre-Trial and Discovery

Your attorney and the defendant's legal team will exchange evidence and witness information through the "discovery" phase. If it is impossible to reach an agreement during negotiations, both parties will appear in court to set a trial date. Note that the discovery phase can take months, and the defense team will always attempt to file motions to have a judge throw out the case for its lack of concrete evidence against the defendant.

Once it is clear that a judge is willing to see the case proceed, the defense is likely to ramp up its efforts to give a "fair" settlement. Most assault civil lawsuits are wrapped up at this point, although a case can proceed to trial if your attorney determines that this is so far the best course of action.

The Trial Phase

During an assault civil lawsuit, the judge or jury determines whether a defendant is more likely than not to have assaulted the plaintiff and caused the incurred damages. If the jurors decide that the defendant is liable, they will also determine the most suitable payout in damages.

The majority of assault civil lawsuits settle before the trial. Note that at any point during the above steps, the parties can opt to settle and end the case. A skilled attorney will employ the best tactics to increase the odds of a fast settlement without endangering the compensation amount you receive.

How Long Will It Take To Receive an Assault Claim Settlement

Before filing an assault civil lawsuit, you are likely to wonder when to expect compensation. Assault causes devastating wounds, and most victims prefer not to file if a case will drag on for months or years.

So how long will it take for you to receive compensation?

Often, how soon you can receive an award for damages suffered will depend on whether you can reach favorable terms during negotiations or you have to move to court. Any competent attorney will always be against accepting less money than you deserve, just to settle a matter. Sometimes, taking a fast settlement is not the best strategy.

The most crucial aspect to consider before accepting a "fast" settlement is how much money you will be giving up. Cases with legal and factual issues or significant amounts of cash often drag out for longer. It is also typical for assault lawsuits where the plaintiff suffers injuries that require ongoing treatment to reach maximum health improvement to take longer.

Accepting pennies on the dollar to resolve a case faster can cause significant harm, especially if you require ongoing treatment for issues like anxiety, depression, and panic attacks. The best course of action is to consider the counsel offered by your attorney. A reliable personal injury lawyer will be ready to push your matter to court to ensure you receive maximum compensation. This is more so if a quick settlement poses significant risks on your ability to recover from damages stemming from an assault.

Find an Assault Civil Lawsuit Attorney Near Me

If you are an assault victim in California, you need a seasoned personal injury attorney to give your lawsuit maximum winning chances. Your injury lawyer needs to investigate the case and obtain evidence to prove the needful elements. Even though civil lawsuits have a lower standard of proof, it is easy to lose an otherwise strong case if your legal team does not have the resources needed to support your claim. At The Personal Injury Attorney Law Firm, we have a track record of success when representing assault victims. Our confidence in our abilities allows us to provide services on a no-win, no-fee basis. Call us today at 800-492-6718 and let us help you obtain fair and adequate compensation for your pain and suffering.