How Much Money Can You Sue Someone for Assault?

Most people go through their entire lives without ever suffering from assault. Some are not so lucky. 

In Atlanta, assault does not require physical contact, but it does require more than words. In Atlanta, assault constitutes an attempt by someone to injure another violently. 

While assault and battery are often used interchangeably, the two are different. An assault doesn’t involve physical contact. However, when an attempt to injure another person leads to an actual physical attack, it becomes a battery. It also differs from personal injury lawsuits because these are seen as unintentional, while assaults are intentional acts.

Types of Assault

Assault is classified into two:

• Simple assault
• Aggravated assault

Simple Assault

Simple assault is a misdemeanor in Georgia, punishable by up to $1000 or up to 1 year in jail. In Georgia, a simple assault happens when you convey violence or force someone into something violently but without touching them. Still, simple assault places the person on the receiving end in fear of immediate harm.

Aggravated Assault

Aggravated assault is a felony punishable by up to 20 years in prison and fines. Aggravated assault occurs when one assaults another with intent to rob, rape or murder another. The act must include the use of a deadly weapon like a gun, knife, tire irons, bricks, and even pepper spray. 

The weapon in question used offensively to attack another party, has the potential to cause bodily harm or even death. Aggravated assaults can also mean assaulting certain classes of people. These include senior citizens, teachers, policemen, and pregnant women.

Can I Sue After an Assault?

An assault can cause grave mental distress and emotional trauma. These can be long-lasting and can impact your life long after the incident. 

It’s for this reason that the law allows you to file a claim seeking monetary compensation from the person who assaulted you.

The premise of compensation seeks to offer a financial reward to assault victims in a bid to make them whole and punish the wrongdoer for the damages caused. 

In this regard, some damages cited when filing an assault claim in a civil case could include the following:

• Lost wages and income
• A lowered earning capability
• Loss of employment and additional employment-related perks and benefits
• Medical bills, including physicians, dentists, psychologists, medical tests, and so on
• Emergency transport bills
• Prescription and over-the-counter medication
• Costs of employing household labor to handle tasks you can no longer arrange by yourself
• Childcare expenses that become necessary due to the assault
• Emotional distress
• Pain And Suffering
• Damages to your spouse for loss of consortium
• Victims may sue for punitive damages as well (these are meant to punish the offender, not compensate the victim)

Civil Claim vs Criminal Assault Charges

Assault falls under both crime and civil tort. This means that when someone assaults you, they can be arrested to face criminal charges. They can be found guilty or not guilty. If they are found not guilty, you can still institute a civil lawsuit against them for the financial damages you suffered from the assault. 

Most civil assault tort cases are borne out of the defendant’s negligent actions. However, a tort assault falls under intentional tort, which means an active attempt to harm or intimidate another person. 

Criminal assault charges bring the aggressor to face criminal charges, where they can get jail, prison time, and/or fines. If you are wondering about double jeopardy, it doesn’t apply here. There is a special provision allowing assault victims to try the perpetrator in civil court for damages and institute criminal charges for jail or prison time.

How Much Can You Get For Suing Someone For Assault?

The amount of money offered in assault cases is not standard. Instead, a variety of factors will be used to award the compensation. Some variables that determine settlement amounts include the following:

• The age of the plaintiff at the time of the assault 
• The nature of the injuries suffered, the recovery period, and the accrued medical expenses
• Lifestyle of the plaintiff before the incident
• Loss of enjoyment of life if the victim suffered job or income loss and the amounts
• Impact of the assault on the victim’s family
• The quality of evidence brought in court to prove the circumstances surrounding the assault 
• Availability of punitive damages from the individual or their insurance company

Damages awarded are meant to replace or compensate for what you have lost. So, if you lost a high-paying job after the assault, your damages will be higher than those awarded to an unemployed person. The same goes for injuries. The more severe the injuries suffered, the higher the amount awarded, and so on.

An experienced attorney would know how to put information together in a manner that aptly represents what you have lost. They can also defend the same in court and during negotiations to ensure you recover compensation.

Getting a Good Injury Settlement For an Assault

We all go through life hoping that we and our loved ones remain safe. As such, there are things we never think about, such as what to do if we are assaulted. This is perfectly understandable. 

However, to safeguard your legal rights, some things you do after an assault help build your case, while others water it down. If you are ever unfortunate enough to be assaulted,

Get medical treatment: this will treat you for injuries so you can begin physical recovery. Your medical records are also a valuable piece of evidence in criminal and civil assault charges because victims must prove the assault happened.

Make a police report: when you make a police report, the investigating officer is supposed to investigate the matter and write their report. It’s this report that a prosecutor will use to determine whether to file a criminal case. Your lawyer can use the same to sue the offender for damages in civil court. 

Gather evidence: think of anyone who might have witnessed the assault and note down their names. Request a few witnesses’ names and contact information if it happens in a public place. The investigating police might use this information to build a case. If you wish to make a civil claim for damages, your attorney will certainly need all the details of your case to push for settlement. The amount and nature of your proof affect how much you can sue for in an assault and battery case.

Speak to an Experienced Personal Injury Lawyer in Georgia

You or a loved one might have gone through an incident that you are unsure qualifies for an assault. At the Cumberland Law Group, we understand that the law can get complex.

This is why our doors are always open for clients to ask questions and get clarity on intricate legal matters. If you think you may have suffered an assault and would like someone to help, you understand the implications and your legal options. Reach out to us today for a free consultation, and let us walk the journey with you.