What To Do If You Are The Victim Of Assault
If you are the victim of assault, you will have many issues to navigate. If you have been victimized, you do have recourse to both criminal and civil action. You need to know all of your options when you have been assaulted.
What is Criminal Assault?
Criminal assault involves more than actual physical harm. In fact, most states recognize criminal assault as occurring when someone strikes you with the "intent to cause serious bodily injury" or causes you to fear that you will be harmed or killed. Acts of self-defense are an exception. Also, the aggressor needs to have the ability to carry out the threatened harm. If someone threatens to shoot you but has no gun, clearly he cannot carry through with his threat.
No matter how the criminal case is decided, you may have the makings of a civil case. You will need the help of a personal injury lawyer who will determine several key facts. To win such a case, you will need to prove that your attacker took "intentional action" to either harm you or make you feel threatened. Also, you will need to prove that you had a "reasonable" expectation of immediate harm.
If you've been assaulted, your lawyer may be able to get compensatory damages, including general damages and special damages. General damages usually include money for your emotional pain and distress. Special damages cover the costs incurred by the assault, including loss of employment and extended mental health assistance. Your medical bills, including future expenses, would fall under this category as well.
Many states have funds that financially help victims. Receiving state funds can help you get back on your feet. These funds typically aid with medical expenses, funeral costs, counseling bills, and lost wages. The amounts available through these funds are generally limited to between $10,000 and $100,000. Although the guidelines for this type of assistance vary from state to state, you may be eligible for some financial recompense if you are a victim of an attack.
If you have been the victim of an assault, you do have options for compensation. Although nothing makes up for the trauma of being threatened and harmed by another, financial assistance can make your recovery easier. You will need money for medical expenses and counseling if necessary. If you are unable to work, you will need to recoup your lost wages. A good personal injury lawyer can help you get back on your feet.
For professional legal help, contact a law firm such as Borowiec & Borowiec PC Attorneys At Law.