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Victims of assault and battery may think that relying on the police to take care of your assailant is all you can do to seek justice for injuries sustained in a fight or because of a physical assault. However, these victims and their families may have the right to file a civil lawsuit alongside any criminal charges. These lawsuits can include damages for physical injuries, medical bills, and other harms from the assault.
If you or a loved one was the victim of a fight or an assault, call The Queenan Law Firm today. Our Houston lawyers for victims of fight injuries and assault may be able to file an injury lawsuit to help you seek compensation for the physical and mental effects of the assault. For a free legal consultation, call our law offices today at (817) 476-1797.
Suing for Assault and Battery in Texas
Any time you are the victim of a crime, you should report it to the police. However, many crimes also have corresponding civil law “torts” that allow you to file a claim for damages alongside or instead of criminal charges. When you file a tort claim against someone, the court can award you damages for the harm their actions caused you.
Many injury cases, such as car accident cases and slip and falls, are covered by negligent tort actions. Assault and battery belong to a group of “intentional” torts alongside other harmful actions like false imprisonment or intentional infliction of emotional distress.
To sue for assault and battery, you must prove your case to the court. As the plaintiff, you have the burden of producing evidence and arguing your case to the jury to prove that it is more likely than not that the defendant committed the harmful acts you are suing for. In assault and battery cases, this means you must prove each of the elements of the alleged act to prove your case.
Definition of Assault in Texas
To prove an assault case, you must prove that the defendant intentionally attempted to hit you or put you in fear of being hit. This tort is strange to many people because it does not require proof of actual contact or injury. Unlike the crime called “assault,” civil actions for assault deal with the fear of harm and the attempt to hit you. You can typically sue for assault whether the defendant actually intended to hit you or not. In this kind of case, the fear of being hit is harm enough, whether the defendant was “just joking,” was not going to carry through with the strike, or missed you with a punch.
Definition of Battery in Texas
Battery is commonly seen as a completed assault. This means that battery usually requires actual contact with the victim. As this is an intentional tort, you must also prove that the strike or punch was intentional, not a simple accident. People generally assume that there must be some sort of serious injury to sue for battery, but this is not the case. In fact, battery can also cover unwanted or offensive touching, even if it is not harmful. That means that unwanted sexual contact or inappropriate touching could also be the basis for a battery claim.
Damages for Assault and Battery Victims in Texas
Victims of negligent or intentional injuries are often entitled to compensation to cover the harms they faced from the injury. This can include direct damages to pay for the physical, emotional, and mental effects of the injury, but you can also seek compensation for other damages related to the accident or injury.
In most assault and battery cases, you can sue for damages for the injuries you faced from the attack. This includes payments to help you cope with the physical pain as well as the mental or emotional suffering the injury caused. Even if the attack did not cause physical harm, you may still be entitled to compensation for the psychological damage of the attack, including any sense of violation.
If you suffered serious injuries in the attack, you may face damages for medical bills and lost wages. Medical treatment can be expensive, especially if you suffered severe injuries. These damages can typically be claimed in full in a personal injury lawsuit. Moreover, missing work because of an injury might entitle you to compensation for the lost wages.
You can also sue for other economic damages related to an assault, such as property damage. For instance, if your glasses were broken or your clothes were stained with blood during the attack, you should be entitled to damages to cover the cost of the property damage as well.
In some cases, the victim may offer to cover the injuries you face through insurance payments or through a settlement offer. In many cases, these offers will be too low to cover your full damages. The same is true for damages offered as restitution as part of a criminal case dealing with the assault. You should always talk to a lawyer about your damages before accepting any money for the harm you faced to ensure you protect your rights and know what your case should be worth.
Call Our Houston Assault Injury Lawyers for a Free Case Consultation
Victims of assault and battery do not need to rely on the criminal justice system to get them compensation for their injuries and the other harms they suffered in a fight or assault case. Instead, talk to one of the Houston assault injury attorneys at The Queenan Law Firm about filing a civil lawsuit for the assault and fight injuries you faced. Our lawyers will work to get you and your family the compensation you need to cover your pain and suffering, emotional distress, medical bills, lost wages, and other damages. For a free consultation on your case, call our attorneys at (817) 476-1797.