The recent arrest of a man who allegedly assaulted two women in the Fairfax District of Phoenix, Arizona prompts the question, “Can a personal injury lawsuit be filed in an assault case?” Before answering this question, it’s important to look at what defines assault.
Black’s Law Dictionary defines assault in the criminal context as:
“An attempt to commit battery, requiring the specific intent to cause physical injury,”
And battery as:
“The non-consensual touching of, or use of force against, the body of another with the intent to cause harmful or offensive contact.“
Assault resulting in injury (battery) is both a crime and a tort and can result in both criminal and civil cases. So, to answer the above question, yes…a personal injury lawsuit can be filed in an assault case. Civil lawsuits are usually filed by the victim to collect damages for injuries sustained by an attack or assault.
Although every case is unique and the factors surrounding a case vary, some examples of how a personal injury lawsuit could stem from assault are:
Suffering intentional harm at the hands of another person can result in serious bodily harm. Some of the more common types of injuries caused by assault and battery are traumatic brain injuries, spinal cord injuries, concussions, facial scarring, broken bones, and neck and back injuries. Severe injuries, in most cases, require extensive treatment and can result in conditions requiring life-long care.
A physical attack by another person can also cause severe emotional anguish and distress. It’s not uncommon for a victim of a physical attack to suffer from depression, anxiety, and Post-traumatic stress disorder (PTSD). Statistics have shown approximately 30% of assault victims suffer from PTSD and require some type of therapy.
As the victim of assault, you may be entitled to compensation for the damages you’ve suffered as a result of an attack. By filing a personal injury lawsuit, you can ask for financial compensation for:
Following a devastating injury caused by an unprovoked physical attack, it can be helpful to talk to a skilled Phoenix, Arizona assault injury attorney.
At Top’s Injury Law Group PLLC, we work tirelessly to help our clients get the funds they need to move forward with their lives. For more information about filing a personal injury lawsuit, send us a message through our free consultation request form or call (480) 470-2299.