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How an Assault Injury Lawyer Can Help
If you've been assaulted or put in fear for your safety, you could be eligible to receive compensation through a civil claim. An experienced lawyer for assault and injury can assist.
Assault and Battery are intentional torts. They are different from other personal injury claims based upon negligence. The time limit for battery and assault cases is less.
1. Contact the police
The first step in any assault case is to call law enforcement and cooperate with any investigation that results. The police report can be used as evidence in criminal proceedings as well as civil lawsuits. It will contain witnesses' statements as well as other important details regarding the incident. The details in the report of the police can help prosecutors decide whether to press criminal charges against the person who attacked you as well as be used in your civil lawsuit to prove your injuries and losses.
In a personal injuries lawsuit, the defendant needs to be held accountable for the compensation you've suffered as a result of their actions. This includes medical costs and lost earnings due to absence from work, and other expenses that are related to the injury. You may be entitled to compensation if you suffer from emotional distress or suffering and pain.
A seasoned Long Island assault lawyer can build a strong case on your behalf. They can seek compensation from the defendant as well as other parties that may be responsible, such as a bar owner or club owner who has negligent security.
2. Get personal injury lawyer attorney
Like any personal injury claim that involves medical treatment, it's essential to seek medical attention. This is essential for your health, but it can also assist in proving your civil case against your attacker. The person who attacked you could have committed a number of different criminal acts, and a judge will want to know that you suffered physical as well as emotional pain and suffering.
In addition to seeking medical assistance, it is beneficial to keep track of any related expenses. This includes out-of-pocket expenses like hospital bills, medication and lost wages. It is also an excellent idea to keep a record of the emotional repercussions of your injuries, including insomnia, headaches or vacations postponed due to nightmares.
Many states offer crime victim compensation programs that pay victims for specific costs incurred as a result of the assault. A skilled Brooklyn assault lawyer can assist with seeking restitution through civil courts.
4. Keep a Diary
Often, lawyers for injury ask their clients to keep a "pain journal." It is essentially written records of injuries that they suffered. This could include information like the amount of pain medication taken on a daily basis and how the injury has affected the various activities they were typically able to take part in, as well as whether certain body parts are more or less painful on different days.
This can show that you're not inflicting pain, but that you are in fact injured. It can also show the difference in your life prior to and after an accident, which could be a key element of any claim for general damages, such as loss of enjoyment of your life.
This journal should only be shared with your attorney. This is because it could be used as evidence in court and can be used against you. If you begin the journal before you hire an attorney, it's not privileged information. The best way to go is to write an entry each day and be as thorough as possible.
5. Talk to an attorney
An attacker is liable for your damages during a civil trial even if they're cleared in criminal court. A lawyer can assist in filing an action in civil court against the person who assaulted you and recover compensation for medical costs, lost wages, and psychological damage.
An attorney will guide you through the process and address any questions that may arise. You should be completely honest with your attorney regarding your background. You could lose your case if you fail to disclose the criminal record or other insurance claims.
It is essential to be aware that each state has its own laws. The time period for personal injury cases differs from state to state and failure to meet the deadline can cause the loss of your rights to sue and seek compensation.
An experienced attorney will work diligently to gather evidence including witnesses and medical records. They will be able to determine your damages and recommend a suitable amount of compensation. They will ensure that all parties involved in your claim for example, a nightclub with negligent security, are held responsible.