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Marcussen Mitchell posted an update 2 months, 3 weeks ago
How an Assault Injury Lawyer Can Help
If you’ve been assaulted or frightened for your safety, you might be able to claim compensation through a civil claim. An experienced lawyer for assault and injury can help.
Assault and battery are intentional torts. They are different from other personal injury cases based on negligence. The time limit for battery and assault cases is shorter.
1. Call the police
Contacting law enforcement is the initial step to take in any assault incident. It is also important to cooperate with any investigation that follows. A police report is useful evidence in both criminal and civil lawsuits, as it will document witnesses’ statements and the details of the incident. The police report provides important details that can be used to help determine whether criminal charges will be filed against the person who attacked you. It could also serve as evidence in civil lawsuits to claim your injuries and losses.
In a personal injury case, the defendant must be found responsible for remuneration for the harm you sustained due to their actions. This includes any medical costs you’ve incurred, the loss of income due to being off work for a period of time, and other out-of-pocket expenses related to your injury. You may also be entitled to compensation for your emotional distress, pain and suffering.
A skilled Long Island assault lawyer can build a strong case on your behalf. They can seek compensation for you from the defendant and other parties who may be accountable, like a bar owner or owner of a club who is negligent in their security.
2. Get Medical Attention
As with any personal injury claim involving medical treatment, it’s essential to seek medical attention. It’s not just essential for your health but also to assist in your civil case. The person who assaulted you may have committed several crimes. A court will need to know that you suffered physical as well as mental pain and suffering.
It is essential to keep track of all costs that are related to medical treatment. This includes out of pocket expenses like medical bills, hospital bills, and lost wages. Keep a diary of the emotional effects of your injuries. This could include insomnia, headaches and holidays postponed or delayed, or nightmares.
Many states have crime victim compensation programs that provide compensation for certain expenses that result from the assault. A Brooklyn assault lawyer can help you seek restitution through civil court.
4. Keep a Diary
Injury attorneys often ask their clients to keep a “pain diary” which is a record in writing of the injuries they have suffered. This could include information like how much pain medication is taken daily and how the injury has affected different activities they were normally able to engage in, and whether specific body parts are more or less painful on different days.
This could prove that you are not exaggerating pain, but that you are in fact injured. In addition, it can also show the difference between your life prior to and following the accident. This is an important element of a claim for general damages like loss of enjoyment.
The journal should only be given to your attorney. This is because it could be used as evidence in court and can be used against you. If you begin your journal before you engage an attorney, it is not confidential information. It is best to write down as much information as possible each day.
5. Speak to an attorney
Even if the attacker is not found guilty in criminal court however, they could still be held accountable for your losses if you make a civil suit. personal injury lawyers near me can assist you in filing an action in civil court against the person who assaulted and get compensation for medical costs, lost wages, and psychological harm.
An attorney will guide you through the process and will answer any questions that come up. You must be honest with your attorney regarding your background. In the event that you do not disclose a criminal record or other insurance claims could harm your case.
It is important to be aware that each state has different laws. The statute of limitation for personal injury cases varies from state to state. In personal injury lawyers near me of a delay, it could result in losing the right to sue, or obtaining compensation.
A skilled lawyer will strive to gather evidence including witnesses and medical records. They will be able also to assess your injuries and recommend the appropriate amount of compensation. They will ensure that all parties involved in the claim, such as nightclubs that have a safety issue and security, are accountable.