How an Assault Injury Lawyer Can Help
If you've suffered an assault or put in danger for your safety, you could be able to recover compensation through a civil lawsuit. An experienced lawyer for assault and injury can assist.
Battery and assault are both intentional torts. They are distinct from other personal injury cases based on negligence. The statute of limitations for assault and battery cases is less.
1. Call the Police
Contacting police is the first step in any assault case. You should also be a part of any investigation that follows. The police report can be used as evidence in criminal cases as well civil lawsuits. personal injury lawyer near me will contain witness statements as well as other crucial details regarding the incident. The police report provides important information that can be used to help decide if criminal charges will be filed against your attacker. It may also be used as evidence in civil lawsuits to claim your injuries and losses.
In a personal injury case, the defendant has to be held accountable for paying you compensation for the damages you suffered as a result of their actions. This includes medical expenses as well as lost income due to the absence of work, as well as any other expenses arising from the injury. You could also be entitled to compensation for your emotional distress and pain and suffering.
A Long Island assault attorney with experience can help you build an impressive case. They may seek compensation from the defendant as well as other parties who may be responsible for your injuries, such as a bar or club owner who was negligent in their security.
2. Seek medical attention
Like any personal injury claim that involves medical treatment, it is important to seek immediate medical attention. This is essential for your health, but it can also assist in proving your civil claim against your attacker. The person who attacked you may have committed many different crimes, and a judge will be interested in knowing that you suffered physical and emotional pain and suffering.
It is important to keep track of all expenses related to medical care. This includes out-of-pocket expenses like medical bills or hospital bills, as well as lost wages. It is also a good idea to keep a log of the emotional effects of your injuries, such as headaches, sleepless nights and postponed vacations or nightmares.
Many states have crime victim compensation programs that pay victims for certain out-of-pocket expenses relating to the assault. A skilled Brooklyn assault lawyer can assist with seeking restitution through civil courts.
4. Keep a Diary
A lot of times, injury attorneys request that their clients keep what is known as a "pain journal." It is a written record of the injuries they sustained. It can include information such as the amount of pain medication they are taking every day and how the injury affected their ability to do various tasks, and if certain parts of the body are more or less painful at different times.
This can help to establish that you weren't pretending to be hurt and that you were really injured. In addition, it can be a way to show the difference between life before and after the accident. This is an important aspect of an appeal for general damages, such as loss of enjoyment.
Be cautious not to share this journal with anyone else than your attorney. This is because it may be used as evidence in court and could be used against you. If you begin the journal before you engage an attorney, it is not privileged information. It is recommended to write down as much information as you can every day.
5. Talk to an Attorney
A person who assaults you is responsible for the harm they caused you in a civil trial, even if they are acquitted in criminal court. Your lawyer can assist you in filing an action in civil court against the person who assaulted and get compensation for medical costs as well as lost wages and psychological damage.
An attorney will help you through the process and answer any questions that come up. You must be honest with your attorney regarding your background. You could lose your case if you fail to disclose the criminal record or other insurance claims.
It is essential to recognize that the laws of each state are different. The statute of limitation for personal injury cases varies from state to state. In the event of a delay, it could result in losing your right to sue or seek compensation.
A skilled lawyer will strive to collect evidence, including witnesses and medical records. They will also be able to evaluate your damages and recommend the appropriate amount of compensation. They will make sure that all parties involved in the claim, such as an establishment that has a poor safety record is accountable.