Cases involving assault and battery are often handled in criminal courts, but this is not the only way for injured victims to get justice. You may also file a civil lawsuit against the assailant and get financial compensation for your injuries and damages.
If you are the victim of assault and battery in New Jersey, you might have several legal options for justice. First, you should call the police and report the assault. The assailant might be criminally charged. Another option is to sue the assailant in civil court. Unlike many other civil injury claims, assault is an intentional tort. This means we must prove how the defendant intended to carry out the assault. Many civil claims take time to finish, but cases involving assault and battery might take longer than you think. Since defendants often face criminal charges, civil cases sometimes have to wait until criminal proceedings are over. If you succeed in your civil claim, you might be awarded economic and non-economic damages to compensate for your injuries and losses.
For a free assessment of your case, call Legal Care New Jersey at (732) 838-9769 and talk to our lawyers for victims of assault.
What to Do if You Are the Victim of Assault in Trenton, NJ
Assault and battery can be a frightening thing to deal with, but it is unfortunately common. Assault may range in severity, with some plaintiffs reporting painful yet minor injuries while others report significant injuries and long-term complications.
The first thing you should do if you are assaulted is call the police. Assault and battery are more than a civil matter. These are serious criminal offenses, and the police will almost certainly investigate, especially if the assault was serious and your injuries are severe. If the assailant is apprehended at the scene of the crime or sometime later, they might be criminally charged.
You should also get immediate medical attention. Sometimes, an assault might amount to some bumps and bruises, and you might not feel like you need to see a doctor right away. On the other hand, you might need emergency medical care. Either way, get to a doctor immediately.
After getting any necessary medical treatment, you should call a lawyer. Our lawyer for victims of assault can help you sue the assailant for damages. We can use evidence uncovered by the police in their investigation to support your case. A lawsuit can help you recover financial compensation to pay for things like medical bills and other injuries and losses.
What Constitutes Assault in Trenton, NJ?
When people think about assault and battery, they often think of it in terms of criminal charges. In that regard, assault may take one of two forms: simple assault or aggravated assault. While understanding the criminal elements of assault can be helpful, they are not necessarily the primary focus of a civil lawsuit.
The criminal definition of simple assault is found under N.J.S.A. § 2C:12-1(a) and may occur under one of three circumstances. First, simple assault requires the defendant to knowingly, purposely, or recklessly cause or attempt to cause bodily injury to another person. Second, the defendant must negligently cause bodily injury with a deadly weapon. Third, the defendant must attempt by physical menace or intimidation to put someone else in fear of bodily harm.
The criminal definition of aggravated assault is found under N.J.S.A. § 2C:12-1(b) and is a bit more extensive. Generally, aggravated assault is like simple assault, but dangerous weapons might be involved, or injuries are far more severe. Aggravated assault might involve a much higher degree of negligence or recklessness.
In a criminal case, the prosecution must prove their case against the defendant beyond a reasonable doubt. This is an extremely high burden to meet. In a civil case, the plaintiff must prove their claims by a preponderance of the evidence. This is a somewhat easier burden of proof than in criminal cases, but it is still difficult to meet. We must present enough evidence to show that it is more likely than not that the defendant assaulted you.
How Long Do Civil Cases for Assault Take in Trenton, NJ?
The time it takes to complete your civil case for assault depends on numerous factors. First, the more factually and legally complicated a case is, the longer it will likely take. If the defendant disputes almost everything you claim, we might be in for a lengthy legal battle. If the defendant is willing to admit to certain elements of the case, we might finish sooner rather than later.
Since assault and battery often lead to criminal charges, your civil case might be put on hold while criminal matters are pending. While this might mean you have to wait longer to finish your case and get fair compensation, there might be some advantages. For example, if the defendant is found guilty in criminal court, we can use the guilty verdict against them in civil court.
Possible Damages in Civil Assault Cases in Trenton, NJ
Assault cases often involve significant damages. Depending on the extent of your injuries, you might have extremely high medical bills you can claim as part of your damages. This is especially important in cases where plaintiffs were very badly hurt and required extensive medical care.
Some assault victims are so badly hurt that they have to step away from their jobs while they recover. If you find yourself in this position, you can claim your lost income. If you cannot return to work for the foreseeable future, we can estimate and claim lost future earnings.
Non-economic damages in cases like this can be quite substantial. Damages for physical pain and mental anguish are fairly common, but they can be very high in cases where plaintiffs feel deeply violated by the defendant’s actions. Assault is an intentional tort, and many defendants intend to cause plaintiffs harm. As a result, many plaintiffs experience deep feelings of fear, anxiety, humiliation, and shame. These experiences are extremely painful and deserve fair compensation.
Contact Our Trenton, NJ Lawyers for Victims of Assault to Begin Your Case
For a free assessment of your case, call Legal Care New Jersey at (732) 838-9769 and talk to our lawyers for victims of assault.
