The Truth about Intentional Assault and Personal Injury Claims
Posted February 14th, 2017 by Anthony Carbone, PC.
Categories: Personal Injury.
You already filed assault charges in criminal court. However, that does nothing in the way of compensation. There’s no question that the sucker punch that broke your nose was an intentional assault. Can you still file a personal injury claim?
Let’s face it. An assault of any type is generally intentional. Someone can throw you to the ground in a rage. A person could shove you into a wall. Any kind of assault may cause serious and permanent injury. As a result, you could be worried about paying medical bills and reimbursement for lost wages. Is there a difference in filing a claim for intentionally caused injuries rather than one for accidental harm?
Civil Cases for Intentional Harm
The investigation is a key part of cases involving intentional harm. There are a few questions that are relevant to the cause of action. Here are examples of what an experienced personal injury attorney will evaluate when working on your claim:
- Was the injury related to an argument? What were the circumstances?
- Was domestic violence involved?
- Did the injuries involve an incident at work?
- Could the assault have been avoided if the premises had better security?
- Were you injured as a result of road rage?
- Did the assault alcohol-related? Where did the defendant drink?
- Was the intentional harm related to a robbery or some other crime?
Cases that involve deliberate harm are known as intentional torts. They are different than negligence claims, which means that someone’s actions might be viewed as careless. For example, someone running a red light is far different than a driver who intentionally cuts off another vehicle on the highway.
Criminal cases and civil cases are considered separately. The State pursues the matter on a criminal level, and the prosecutor acts as the injured party’s attorney. It is important to speak to a lawyer regarding the pursuit of a civil case against the person who hurt you. Obviously, your first recourse is to seek monetary damages against that individual.
Other Considerations Regarding Intentional Torts
If a matter involves an intentional tort, there are other issues. For example, for work-related accidents, workers’ compensation is almost always the exclusive remedy. Intentional torts on the part of the employer are the exception to the rule as noted in the law. The intentional wrong exception also includes “any person… in the same employ as the person injured or killed.”
Your attorney may look to bring in other defendants as a result of your case. Perhaps a bar overserved the individual, and there is the potential for a dram shop case. Maybe there was an issue with inadequate security. The investigation should reveal potential defendants that may share in the responsibility for your injuries.
The defense may make a claim that there is no insurance available for intentional acts. The individual who harmed you may be without funds. An experienced personal injury lawyer will review the circumstances to determine the feasibility of a claim.
The Law Offices of Anthony Carbone has almost thirty years of experience in the personal injury field. Have questions? We are happy to meet with you at no cost. Contact us as soon as possible!