Can You Sue for Assault?
Introduction
Assault is a serious criminal offense that involves physical harm or intimidation to another person. However, even if the authorities decline to prosecute the attacker or if the case ends in a acquittal, the victim may still be entitled to seek compensation through the civil court system. But can you sue for assault? The answer is yes, but the legal process and the damages available are complex and subject to various factors.
The Legal Definition of Assault
Before exploring the possibilities of suing for assault, it’s essential to understand what constitutes an assault under the law. The Model Penal Code, widely adopted in the United States, defines assault as "an act done with the purpose of causing a harmful or offensive contact with the person of another, or an intentional disruption of the peace." Physical contact or a threat of violence is not necessary, as long as the alleged victim reasonably believes they are about to be harmed or have been subjected to " offensive or intimidating behavior" [1].
Who Can Sue for Assault?
Only the actual victim of the assault, or their close family members (in some cases), can initiate legal action. This can include:
• Children, even if they are no longer minors, who were the victims of a child abuse or assault [2].
• Family members, such as a spouse, parent, sibling, or child, of the victim, if the assault occurred in the presence of a family member, was directed at a family member, or was done in the course of family conflicts [3].
• Caretakers or service providers, such as nursing home staff, home care workers, or service staff, who were victimized by the assaultee [4].
Suing for Assault: Damages and Remedies
The legal system offers several damages and remedies for victims of assault:
• Compensatory damages: Reimbursement for medical expenses, lost wages, and property damage.
• General damages: Non-economic damages for pain, suffering, emotional distress, and permanent disfigurement.
• Punitive damages: Awarded to deter the defendant from future violations of the law.
• Injunctions: Legal orders prohibiting the defendant from engaging in specific conduct.
What Are the Grounds for Suing for Assault?
Assault victims can sue under various legal theories, including:
• Battery: A physical attack or offensive touch.
• False imprisonment: Confined or detained without legal authority.
• Intentional infliction of emotional distress: Conduct intended to cause mental distress or anguish.
• Negligence: Failure to exercise ordinary care to prevent harm or injuries.
How Do I File a Lawsuit for Assault?
Before initiating a lawsuit, consult with an experienced attorney specializing in personal injury law. They can guide you through the claim process, which involves:
- Notice: Informing the responsible party (defendant) of the claim.
- Demand letter: Providing written notice of the allegations, damages, and claims.
- Count: Drafting a court filing that outlines the charges, allegations, and desired remedies.
- Pleadings: Formal, written arguments presented in court.
Timeframe for Filing a Lawsuit for Assault
Civil statutes of limitations vary by jurisdiction, but generally:
• One to five years: For most assaults (two to three years for minors).
• Up to seven years: In cases involving intentional injuries, false imprisonment, or infliction of emotional distress.
• No specific deadline: For cases of wrongful death.
Defenses Against an Assault Lawsuit
Defendants and their attorneys may raise several defenses to dispute the plaintiff’s claims, including:
• Consent: Claim that the plaintiff consented to the contact or behavior.
• Self-defense: Argument that the defendant reasonably believed they were in danger or needed to defend themselves.
• Mutuality: Defense that the defendant’s actions were in response to the plaintiff’s perceived aggression.
Conclusion
Can you sue for assault? The answer is yes. Understanding the legal definition, types of damages, grounds for suing, and timeframes for filing a lawsuit can help victims of assault seek justice and compensation for their harm. It is crucial to consult with a legal professional to navigate the complexities of the legal process. Remember that an attorney can help you make a stronger case by providing expert guidance and effective advocacy.
References:
[1] American Law Institute. (2012). Model Penal Code and Commentaries.Important Tables:
| Definition | Examples | Potential Damages | |
|---|---|---|---|
| Battery | Physical touch, strike, or assault. | Medical expenses, pain and suffering, lost income. | |
| False Imprisonment | Unlawful detention or confinement. | Financial loss, emotional distress, psychological trauma. | |
| Intentional Infliction of Emotional Distress | Conduct meant to cause emotional harm. | Counseling, therapy, medical expenses, lost wages. | |
| Negligence | Failure to exercise reasonable care. | Property damage, bodily injury, economic loss. |
