Assault, Battery and Other Intentional Injuries

Assault, Battery and Other Intentional Injuries in Atlanta

If you’ve been a victim of assault or battery, you can take civil action outside of criminal proceedings to seek monetary compensation for not only your emotional pain and suffering but also your medical costs and other economic damages stemming from the assault.

 

Intentional injury claims are justified when the defendant deliberately harms or injures the plaintiff. These claims allow victims to seek compensation for the damages suffered, including physical injuries, medical expenses, emotional distress and more.

 

Assault Vs. Battery

 

While just the threat of imminent physical violence can qualify as assault, battery is when someone physically and intentionally inflicts pain on another. Pursuing compensation for battery is typically easier than verbal assault, as you will have difficulty pursuing a claim if you can’t clearly show damages, like medical expenses and lost wages.

 

Other Types of Intentional Injury Claims

 

False Imprisonment

Restraining someone against their will and preventing them from leaving.

 

Intentional Infliction of Emotional Distress

When one purposefully causes another to experience severe emotional distress through extreme behavior, such as with threats of violence.

 

Defamation

Making false statements that damage someone's reputation and lead to financial or emotional damages.

 

Invasion of Privacy

Intruding on an individual's private life, disclosing sensitive information or publicly misrepresenting them.

 

Intentional Torts in Business

Fraud, intentional interference with contractual relations and other intentional wrongs in a business context.

 



Pursuing a Civil Assault and Battery Charge Separate from Criminal Proceedings

 

Victims of intentional injuries are allowed to pursue a civil case independent from any criminal proceedings. While criminal charges aim to punish the perpetrator, a civil case can help the victim receive fair compensation for what they have endured.

 

The skilled attorneys at the Law Office of Cameron Hawkins will help you pursue fair compensation that includes:



  • Medical expenses (current and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional distress and mental anguish
  • Property damage



How Does Premise Liability Impact Intentional Injury Claims?

 

In cases where an assault, battery or other instance of intentional injury occurs while on someone else's property, premises liability laws may allow the plaintiff to seek damages from the property owner in addition to the perpetrator of the intentional harm.

 

For example, if a property owner neglects to implement sufficient security measures, indirectly contributing to the incident, they may be held liable. This is extremely important in many intentional tort cases because the perpetrators of violence often don’t have insurance or the personal assets necessary to cover the victim’s economic and non-economic damages.

 

The ability to hold the property owner accountable instead can help ensure the victims of crimes are able to receive the compensation they need to cover medical costs, lost wages and the pain and suffering they’ve experienced.

 

At the Law Office of Cameron Hawkins, our attorneys will determine if premise liability laws will factor into your claim and help you navigate any legal nuances involved.

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 Contact The Law Office of Cameron Hawkins today for more information and receive a free, no-obligation case revaluation.

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Our Aggressive Attorneys Are Here to Support You

Pursuing an intentional injury claim on your own can be a daunting task, especially when you’re still recovering physically and emotionally from an attack. At the Law Office of Cameron Hawkings, our experienced attorneys will help you build a compelling case so you can receive the compensation you deserve. We’ll gather extensive evidence to bolster your claim, including:


  • Eyewitness testimonies
  • Surveillance footage or photographs
  • Statements or communications indicating the intent to cause harm
  • Police reports or incident documentation
  • Expert testimonies, such as medical experts or forensic specialists


Our attorneys are ready to vigorously pursue your claim and negotiate for fair compensation on your behalf. Call 678.921.4225 or visit us online today to book a free case consultation today.

Assault & Battery Frequently Asked Questions

  • What constitutes assault and battery in a civil context?

    Intention is a key component of assault and battery civil cases. It’s not only necessary to show that the person caused an injury that resulted in damage, but the plaintiff’s attorneys also need to show, based on the “preponderance of evidence” standard, that the defendant committed an intentional act of assault or battery. 


    The lower evidentiary standard is typically good news for plaintiffs. This means even if prosecutors couldn’t prove “beyond a reasonable doubt” that the assailant was guilty of assault or battery in a criminal case, plaintiff attorneys may still be able to succeed at a civil trial. 


  • I was a victim of assault and battery; how do I file a civil lawsuit?

    You should contact a personal injury lawyer to discuss your options. How the case proceeds and the difficulties you may face can vary depending on the available evidence, defendants, their liability coverage and the outcome of the criminal case. 


    You can still pursue a claim if the criminal case is ongoing or if the defendant was acquitted on some or all counts, but a conviction can significantly change your path forward thanks to a concept known as collateral estoppel. 


  • What is collateral estoppel and why does it matter?

    There’s an assumption built into the legal system that once a matter has been conclusively determined, as in the defendant has already been convicted of a crime, courts will assume their guilt in civil matters arising from the same facts. That means if someone has been convicted of assault, your attorneys won’t need to re-prove in court that they committed the crime. Some important concepts in collateral estoppel include:


    • Conclusive Determination: The issue must have been conclusively determined in the previous litigation.
    • Identical Issues: The issue in the subsequent litigation must be identical to the issue that was determined in the previous litigation.
    • Full and Fair Opportunity: The party against whom collateral estoppel is being asserted must have had a full and fair opportunity to litigate the issue in the previous litigation.
    • Final Judgement: In order for collateral estoppel to be established in a civil case, it’s necessary for the previous case to have proceeded through the final judgment on the merits.

    The same doctrine doesn’t apply in reverse, meaning a successful civil judgment for assault does not mean prosecutors don’t have to make their criminal case. This is due to the civil case having a lower burden of proof. Prosecutors still need to meet the beyond a reasonable doubt standard. 


  • Do defendants in criminal cases typically have insurance that victims can file claims against?

    Typically, traditional insurance policies do not cover intentional criminal acts such as assault and battery. Most insurance policies have exclusions for intentional and criminal acts, meaning that they will not provide coverage for damages arising from such incidents. 

    Insurance is designed to cover accidental or unforeseen events, not deliberate harmful actions. 


  • What other defendants may share liability in a civil assault or battery claim?

    Although there aren’t traditional “crime insurance” liability policies that cover the damages criminals inflict on victims, there are some policies that allow victims to indirectly seek compensation. 


    Maybe the best-case scenario for a plaintiff is being able to file a claim against a commercial liability policy, as these policies are large and cover injuries that occurred due to conditions on a property. If lax security, broken lighting or broken security cameras created an environment where assaults could occur, plaintiffs may be able to bring premises liability claims against the property owner. 


    There may also be scenarios in which a premises liability claim can be brought against a homeowner on a private residence, or a plaintiff may be able to seek compensation from the defendant’s assets, like their home. 


    These cases can be complex, and identifying potential defendants and liability policies that can pay for your medical expenses, lost wages and pain and suffering isn’t always easy. Having an experienced lawyer on your side who knows where to look, how to investigate assault claims and understands how to negotiate and litigate can be valuable. 


    If you want to learn more about your options after being injured by the intentional actions of another party, don’t hesitate to contact the team at the Law Office of Cameron Hawkins. 


  • Can I be held liable for injuries on my property even if the injured person was trespassing?

    It depends on the circumstance and the trespasser. Typically, property owners are not liable for injuries suffered by trespassers unless: 


    • The trespasser is a minor or cognitively challenged
    • There was an unsecured “attractive nuisance” on the property 

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