Helping Assault And Battery Victims
- If you are injured due to the violent and intentional actions of another person, you could be entitled to compensation for pain and suffering, any medical expenses associated with the assault, and damages suffered due to the injury.
- Even if criminal charges are brought against the other party, it does not mean that you will receive financial compensation. For that, you will need to file a civil lawsuit.
- If you were injured due to someone’s assault on you, you need the experienced Las Vegas assault and battery attorney’s at the Drummond Law Firm.
Three Elements of a Successful Civil Assault Claim
Assault is legally defined as a threatening or intimidating action which causes the victim to fear they are in danger of imminent bodily harm.
If you have been assaulted, your Las Vegas assault and battery attorney will need to demonstrate the following three elements so that you can be compensated for your suffering:
- The responsible party made an intentional attempt to threaten you with bodily harm.
- The responsible party had the ability to cause you harm.
- You had reasonable apprehension that either you were going to be harmed physically or that physical violence was imminent.
Three Elements in a Successful Civil Battery Claim
Battery is the physical act of injuring another person. The main distinction between assault and battery is the actual incident of physical violence.
Once physical violence has been inflicted upon your person, you can file a personal injury lawsuit against the perpetrator.
In order to establish that you were battered in a civil claim, your Las Vegas assault and battery attorney will need to prove these three elements were present during the incident:
- There was either intentional touching or use of force upon your person.
- The touching or use of force was harmful or offensive in manner.
- You did not consent to being touched by the responsible party.
Assault and Battery Is an Intentional Tort
Assault and battery is considered to be an intentional act. As such, when you file a personal injury lawsuit, you may seek compensation for your injuries and may also be entitled to other forms of compensation, including emotional distress and punitive damages.
Recovering Expenses and Damages
Working with your Las Vegas assault and battery attorney will enable you to hold the responsible party accountable for the damage caused to you:
- Medical bills and related expenses
- Therapy and rehabilitation
- Lost wages due to time off work
- Punitive damages
Statute of Limitations
In Nevada, you have two years to file suit against the person who assaulted you.
This may sound like a substantial amount of time, but your Las Vegas assault and battery attorney will need all the time available to conduct a thorough investigation and gather the necessary evidence to prove your case.
Suing for damages after being assaulted can be complicated, and the process typically requires the knowledge of an experienced attorney in order to see a successful conclusion. The award winning attorneys at the Drummond Law Firm are experienced and will fight for you.