Personal Injury Stemming from Assault
If you have been assaulted by another and it resulted in personal injury to you, you may file a personal injury suit even if the person was not found guilty in a criminal court or even arrested.
You should not have to pay medical bills, suffer lost wages and endure pain and suffering through no fault of your own. Your Kentucky lawyer will fight hard for you to get the compensation you deserve. While personal injury cases are usually filed due to the negligence of another party, they can also hold a person or persons accountable for an intentional act. Victims of assault or other criminal acts due to the actions of another are entitled to just compensation.
Assault and Battery
Assault and battery are two separate offenses that when used together means the unconsented and unlawful touching of another. An assault is an act that threatens harm, with the ability to carry out that threat while battery is the actual striking of another to commit harm.
Common causes of assault and battery injuries are: bar fights between patrons or patrons and bouncers, domestic violence, schoolyard fights, concerts and sporting events, police brutality, fights between neighbors, big department store sales and parking space disagreements. There are, of course, many more, too many to name but they all involve the unlawful touching of another.
A Skilled Kentucky Attorney
When you hire your skilled Kentucky attorney to handle your case, they will also look for anyone else that is liable for damages, for example, the property owner of the place the incident occurred. Was the area well-lit and is it in a dangerous place where other crimes have been committed?
If so, have they posted security guards or surveillance cameras in the area, posted warning signs or kept locked gates secure? Business owners and managers have a duty to keep their premises safe for their customers or tenants and that may extend to providing security measures, such as at a bar.
If you have been injured in an assault and battery case, that is considered a personal injury and you need an attorney to represent you. In civil court the defendant can be held liable for damages if the plaintiff can prove liability by a show of overwhelming evidence that weighs far more heavily with the plaintiff than with the defendant.
Going to Court
In a Kentucky civil court, the defendant can be held liable with less than a unanimous vote. Your attorney will present your medical bills to date, along with your doctors estimate of continued medical care in the future, your lost wages and how long before you can resume work, or, depending on the extent of the injuries, if you will be able to work at all.
They will petition for damages relating to emotional distress along with pain and suffering. You should not have to shoulder the financial burden that has been placed upon you by the intentional acts of another and your attorney will take care of that for you.