Assault is a crime, and victims may report the crime to the police. The government can then file charges and start a criminal case against the defendant. However, sending someone to jail or issuing fines against them does not necessarily help the victim, who could be facing medical bills and serious injuries.
While restitution is often paid to the victim as part of a criminal assault case, assault victims could also be entitled to file a personal injury claim against the assailant to recover compensation. This could allow them to get their medical bills, lost wages, and pain and suffering compensated.
For help filing a claim for assault injuries, contact The Queenan Law Firm. Our Fort Worth, TX attorneys for injured victims of assault can help you get the compensation you need. For a free case consultation, call (817) 476-1797.
Filing a Civil Lawsuit as an Assault Victim in Fort Worth
Courts in Texas – and throughout most of the county – have two systems: criminal and civil. In criminal court, the government files charges against a defendant, and the end result is a conviction and criminal penalties (jail time, fines, probation, etc.). In civil court, the victim of some kind of harm files a claim against a defendant, and the end result is damages paid to the victim to reimburse them for what happened. In criminal cases, the defendant “pays” by facing jail time and other penalties, but in civil cases, the defendant literally pays the victim what they owe them.
Civil injury cases can be filed to help victims of “intentional torts” like assault and battery get compensation from the person that harmed them. Instead of “crimes,” civil cases deal with “torts,” which essentially means a wrong or injustice. The tort of assault is committed when someone puts someone else in fear that they are going to hit them – such as the wind-up before a punch is thrown. The tort of battery is committed when the defendant actually touches and harms the victim – such as by punching them.
Victims in Fort Worth and across Texas can file a civil case for assault and battery against their assailant regardless of whether there is a separate criminal case. Since the criminal and civil court systems are separate, it is possible to press charges in criminal court so that the defendant has to face fines or jail time and to also go to civil court to file an injury claim against them to get damages for your injuries. Our Fort Worth attorneys for injured victims of assault can help you file.
Damages for Assault and Battery in Fort Worth
When a case goes to criminal court, the focus is on punishing the defendant. When a case goes to civil court, the focus is on trying to make the victim “whole” again. Usually, the court can order the defendant to compensate the victim for any injuries and harms they suffered. These can go beyond the immediate injury and include any physical, financial, or mental/emotional harms that resulted from the assault.
Victims often claim damages for the injuries themselves. These damages can include pain and suffering damages for the harm they faced as well as claims for medical expenses. For severe assaults, including stabbings and shootings, victims could face severe injuries and require ongoing medical care. This care can be expensive, and a civil lawsuit may be the best way to get compensation to cover these bills.
Compensation can also be paid to cover other financial harms like lost wages. If your injuries are severe enough that you cannot work, these damages could be necessary for you to continue supporting yourself and your family. Other damages can also be paid to cover property damage from the assault, lost household services you cannot perform, medical transportation, loss of consortium, and other harms. You can even claim damages for non-economic harms like mental anguish and emotional distress – including the fear you may face of future assault.
Common Types of Assault Cases You Can Sue for in Fort Worth, TX
Assaults happen in many different ways, but victims can often sue their assailants and claim damages for any of these attacks. If you were injured in a way that was not intentional, you may still be able to file a civil lawsuit for negligence, which is the most common type of personal injury lawsuit.
People who start fights in bars should be responsible for the injuries they cause to others. Many times, these cases deal with questions of who started the fight and whether self-defense is a viable claim – but people typically cannot claim self-defense in fights they started.
Whether the shooting occurred in a school, in public, or at your home, it is considered assault to shoot someone else. Suing the person who shot you could help cover expensive medical bills.
If you were stabbed, you could need intensive medical treatment. These kinds of assault cases often cause severe injury or near death. Call a Fort Worth attorney for assault victims for help.
Although the main purpose of mugging someone may be to steal from them, the assault is still very much an independent crime as well as a civil tort. To sue someone who mugged you for assault, talk to an attorney.
Intentional Car Accidents
Anger and road rage can often lead people to intentionally hit others with their car. If you were the victim of an intentional car accident, you may be entitled to sue the driver who hit you for assault in civil court.
Call Our Assault Victim Attorneys for Help with Your Case in Fort Worth
If you were the victim of assault and battery, talk to an attorney right away. Although your case may be referred to a DA for criminal charges, you could also be entitled to financial compensation through a civil lawsuit. Call The Queenan Law Firm’s Fort Worth attorneys for injured assault victims at (817) 476-1797 for a free case consultation.