Filing a Lawsuit for Assault:

While typically associated with crime, assault can mean either physical or threatened harm paired with ability to cause it. Assault can either be classified as a civil or criminal liability based on whether the threatened action was carried out. If intent to frighten was proven, the victim may sue to receive monetary damages for emotional compensation. An assault is considered “aggravated” when the intent is to do more serious damage such as to kill, rob, or rape the victim.

In civil court, a victim can sue for monetary damages regardless of any criminal prosecution. First a court must decide whether an assault has taken place and then it will chose to award whatever compensation is necessary.

Damages come in three separate forms, and multiple damages can be awarded. Although they are smaller in value, nominal damages are granted in situations where no physical harm has occurred, or where the damage had no fixed cost. When there is specific monetary costs, like medical bills or property repairs, compensatory damages are assigned. In the most extreme cases, punitive damages serve as a way to additionally penalize the perpetrator. Punitive damages are worth far more than either compensatory or nominal damages.

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Filing a Lawsuit for Assault

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The information on this website is not intended as specific legal advice, but rather is of a general informational nature. Each case is different always consult with Davy Yockey for specific legal advice. No specific results implied. Prior results do not guarantee a similar outcome.

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