When a person is assaulted or attacked, this action can produce two distinct courses of action. First, the assault itself can result in a criminal charge or charges. Second, the assault or attack can also result in grounds for a personal injury lawsuit against the individual who perpetrated the attack or assault by the victim.
It is important to understand how the criminal prosecution of the perpetrator will affect the potential personal injury claim by the victim, who is now the plaintiff in the civil lawsuit action.
First and foremost, the INTENT of the attacker (the defendant in the civil lawsuit action) is of paramount importance. An assault must be deemed INTENTIONAL in order to establish a liability in personal injury claim by the victim.
The defendant does not necessarily by his or her actions INTEND to put the victim in a state of apprehension for fear of bodily injury or death. The defendant would simply need to intentionally commit an act of violence that he or she SHOULD or WOULD have known would result in damage to the victim.
And that the defendant behaved in a reckless or depraved manner such that the potential injury was ignored at the time of the assault act that was committed.
There are more complex rules that govern the dual proceedings of a criminal act and concurrent (or subsequent) civil lawsuit and liabilities against the defendant.
If you are attacked or assaulted by anyone, for any reason, and have sustained any injury (physical or emotional) from the attack you will want to seek immediate representation by an experienced attorney or law firm specializing in these types of actions.
Call the attorneys at Grieco and Moore for an immediate, no-obligation consultation regarding your case at 727-391-9900.