Personal Injury Claims Arising from Assault and Molestation: A Comprehensive Guide

When we think of assault, we often associate it with criminal law. However, assault can also be a civil wrong, known as a tort, which can form the basis of a personal injury lawsuit. This article aims to shed light on the legal aspects of assault in the context of personal injury law, the elements required to establish an assault case, and the potential damages that may be awarded.

Defining Assault in Civil Law

The definition of assault varies slightly from state to state. In the realm of civil law, an assault is a purposeful act by one person that causes another person to fear immediate harmful or offensive contact. Contrary to popular belief, assault doesn't always involve physical touching. A civil assault is the threat or fear of harmful physical contact. If physical contact actually happens, it's referred to as a "battery."

A federal circuit judge once noted that the torts of assault and battery "go together like ham and eggs," but one may exist without the other. For instance, if you were threatened with harm but no physical contact occurred, you may have a case for assault. If you were physically touched in a harmful or offensive manner, you may have a case for battery.

Elements of an Assault Case

To file an assault lawsuit, you, as the plaintiff, will need to demonstrate the following:

1. The person who assaulted you (the defendant) committed an intentional act.
2. The act was meant to cause you to fear immediate harmful or offensive contact.
3. You actually and reasonably feared immediate contact.

Consider this example: You're waiting at a bus stop when you see a stranger quickly walking towards you, carrying a baseball bat and cursing at you. You have to dive to avoid getting hit by the bat. In this scenario, you've been assaulted. The stranger clearly acted intentionally, intended to provoke fear in you, and their actions did cause you to fear for your safety. Your fear was reasonable—an average person in your shoes would have reacted the same way.

Establishing Damages in Assault Cases

In assault cases, damages can include physical or psychological injuries, the cost of medical treatment, lost income, and "pain and suffering." Damages in assault cases are typically divided into special damages and general damages.

Special damages, also known as economic damages, are designed to reimburse you for out-of-pocket expenses related to the assault. These can include the cost of your medical treatment (past and future), lost income and diminished earning capacity, and the cost to repair or replace damaged property.

General damages, also known as non-economic damages, are designed to compensate plaintiffs for losses that are harder to measure, but often quite significant, like "pain and suffering." These can include physical pain and suffering, mental anguish, anxiety, depression, and loss of enjoyment of life.

In some cases, punitive damages may also be awarded. These are meant to punish defendants for particularly bad behavior and are common in civil cases involving egregious misconduct like sexual assault.

Proving Damages for an Assault Case

If you're making a legal claim for assault, you'll have to prove all of the elements of assault and your damages by a "preponderance of the evidence." This means that the judge or jury has to find that your argument is more likely than not to be true.

You're often in the best position to gather the evidence you need to prove your damages after an assault. This can include calling the police and obtaining a police report, getting medical treatment and keeping copies of your medical bills and records, keeping track of your income if you have to miss work because of the assault, and keeping a diary of everything you experience as a result of the assault.

Considering the Financial Side of Filing an Assault Lawsuit

Even if you've got an excellent case, you'll need to consider the financial side of filing an assault lawsuit. The purpose of civil lawsuits is for defendants to compensate plaintiffs for their losses (damages). But what if the person who assaulted you doesn't have a lot of money or assets? You can't squeeze water from a stone. No matter how much you are awarded in court, it's not worth much if you can't collect. Assaults typically aren't covered by insurance policies, so you'll likely only have the defendant on the financial hook.

Seeking Legal Advice

If you're thinking about filing a lawsuit after an assault, it's advisable to talk to a lawyer. An injury lawyer can help you decide if, when, and where to file a lawsuit. They can also guide you through the process of gathering evidence, establishing the elements of assault, and proving damages.

FAQs

What is the difference between assault and battery?

In the context of civil law, assault is a purposeful act by one person that causes another person to fear immediate harmful or offensive contact. Battery, on the other hand, involves actual physical contact. It's possible to have an assault case without battery, and vice versa.

What kind of damages can I claim in an assault case?

In an assault case, you can claim special damages (economic damages) for out-of-pocket expenses related to the assault, such as medical treatment costs and lost income. You can also claim general damages (non-economic damages) for losses that are harder to measure, like pain and suffering, mental anguish, and loss of enjoyment of life.

What if the person who assaulted me doesn't have a lot of money or assets?

If the person who assaulted you doesn't have a lot of money or assets, it may be difficult to collect any damages awarded by the court. It's important to consider this before deciding to file a lawsuit.

How long do I have to file an assault lawsuit?

The deadline for filing a civil lawsuit, known as the "statute of limitations," varies from state to state. Most states allow plaintiffs one to three years to file a personal injury lawsuit after an assault. It's advisable to talk to a lawyer about the timeline of a personal injury claim in your state.

Should I talk to a lawyer if I'm thinking about filing an assault lawsuit?

Yes, if you're considering filing an assault lawsuit, it's advisable to talk to a lawyer. A lawyer can help you understand the legal aspects of your case, guide you through the process, and help you gather the necessary evidence.

Conclusion

Understanding the intricacies of personal injury law, especially in assault cases, is crucial for those seeking justice. Each case is unique, with its own set of circumstances and legal considerations. For instance, the distinctions between different offenses, such as those discussed on the difference between molestation and assault, can significantly impact a case. As always, consult with a legal professional for advice tailored to your specific situation.