If you are the victim of assault, it can be difficult dealing with the financial burden of medical costs and mental-related problems. You might have the option of suing the person who assaulted you, depending on the situation and what occurred as a result of the assault. Here are some things to know about suing for this type of altercation.
Review the Definition of Assault
Before you start to claim that someone assaulted you, you first need to understand exactly what assault is. While it often involves physical contact, this is not necessary to be assault. If someone has threatened you in a way where you felt fearful for your health and safety, that may still be considered assault. Even light touching combined with a violent threat can be assault. If you're not sure whether or not the altercation was actually assault, contact a lawyer and explain the incident and how it affected you.
Consider the Damages
Suing for assault requires you to prove what types of damages the incident caused you. Include both mental and physical effects. For example, if you were assaulted in a verbal sense and not a completely physical one, you might not have medical costs in the classic sense. However, you can sue for post-traumatic stress disorder, especially if it is keeping you from living a normal daily life. If there were physical injuries, you will be able to sue for medical costs, prescriptions, recovery, and lost income while you are home from work as a result of the injuries.
Identify Potential Defenses
Before you begin the lawsuit, you should be aware of some of the defenses the person who committed the assault might use. For example, they might blame it on you, claiming you consented to the altercation. They might suggest that you were warned ahead of time and gave your consent for the abuse. This is especially true if physical activities are involved in the incident. There might also be the defense of self-defense, whee they claim you made threats or physical violence first, so they were acting in self-defense. Be prepared to prove these defenses are not true.
Get a Good Lawyer
In many cases, assault lawsuits are difficult to prove and to win. Your best bet is to have an exceptional lawyer. Find a lawyer that specialises in similar cases or is a personal injury attorney. This lawyer will be able to help you compile evidence and prepare your case against the other party. If it can't be settled out of court, they will be by your side during the trial.
For more information, talk to a lawyer like Young And Muggleton.