In the state of California, anyone who has been the victim of an unprovoked threat or use of force has the legal right to file a claim for damages, especially when the person who was assaulted suffered serious personal injury.
In cases such as these, the victim can file a civil lawsuit for assault even if the defendant hasn’t been arrested, the state hasn’t filed charges against the defendant, or if the defendant is found to be not guilty at trial.
How much can you sue for after an assault? That depends on the circumstances of your case, but primarily the amount of money you can recover depends on the severity of the attack and how the injuries that you sustained have affected you and will continue to affect you into the future.
Types of injuries that may result from assault include:
- Broken bones
- Head trauma
- Cuts, lacerations, and deep wounds
- Black eyes
You may be able to recover compensation for the following damages, including, but not limited to:
- Medical care, including hospital bills, doctor and dental bills
- Lost wages
- Loss of employment
- Emotional distress
- Pain and suffering
- Loss of consortium
- Medications
The details of your case
While most personal injury cases involve accidents that are typically the result of negligence, assault personal injury cases are referred to as “intentional torts”; in other words, the harm was the result of an intentional act vs. an accident.
The amount you can sue for in an assault case is dependent on a variety of factors such as:
Nature of injuries
- Age of the victim at the time of the attack
- Length of time need to recover from injuries
- The permanency of the injuries
- Lifestyle of the victim prior to the injuries/after the injuries
- Future earning potential of the victim
Another important factor in determining the settlement amount is the quality of the evidence that’s available to prove intent to harm. Therefore, you want to make sure that you do the following so that you have the evidence needed to prove your case:
- Report the assault to the police so that an incident report is created
- Seek medical care ASAP to ensure your safety and to create medical records
- Preserve any physical evidence of the incident such as photos, videos, text messages, etc.
An experienced personal injury attorney can go over the details of your case, evaluate your situation, and present you with options. Robert F. Brennan, personal injury attorney in Los Angeles County, has been practicing law since 1987, and has successfully litigated numerous personal injury cases for his clients.
Speaking with an attorney
When it comes to assault personal injury cases, having an experienced and knowledgeable attorney in your corner is critical to the success of your case.
Contact the Law Offices of Robert F. Brennan, personal injury attorney, to set up a free consultation to discuss the details of your case, including how much your case is worth.