Assault cases are unfortunately quite common, and the average settlement for an assault case can vary considerably depending on the circumstances. If you have been the victim of an assault, it is important to understand what factors might affect the settlement you can receive from your case.
Every assault case is different. An experienced attorney that regularly handles assault claims will be your best resource for learning more about the specifics of your claim.
An assault case is a civil lawsuit filed by someone who has been the victim of an attack. The attacker can be sued for both the physical and emotional injuries they caused. Assault cases are unfortunately quite common, and the average settlement for an assault case can vary considerably depending on the circumstances.
There are a number of factors that can affect the settlement you might receive in an assault case. Generally, they fall into three categories: liability, damages and insurance coverage.
If the attacker is the primary defendant, liability can be fairly straightforward so long as there is some evidence of the attack. If the attacker was working at the time of the assault, their employer may also be held liable. In some cases, multiple defendants can be held liable for an assault, which can complicate matters. Lastly, depending on where you were when you were attacked, the owner of the venue may be held liable for negligent security.
The type and severity of your injuries will obviously have a major impact on the assault settlement amount that you can recover. If you suffered permanent disfigurement or disability, you will likely be entitled to a much higher award than someone who only suffered bruises and cuts. In addition to physical injuries, many assault victims also suffer from emotional injuries such as PTSD. These can be difficult to quantify, but an experienced attorney can help ensure you are fairly compensated.
The amount of insurance coverage available can also have a big impact on the settlement you might receive. If the attacker is insured, their policy may cover some or all of your damages. If you were attacked at work, your employer’s insurance may also provide coverage. In some cases, multiple insurance policies may be available to cover your damages.
Generally speaking, you can recover both economic and non-economic damages in an assault case. Economic damages are those that have a specific monetary value, such as medical bills and lost wages. Non-economic damages are more subjective and can include pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available.
To recover compensation in an assault case, you will need to prove that the attacker is liable for your injuries. This will generally require evidence of the attack, as well as evidence of your injuries. In some cases, witnesses may be able to testify as to what they saw. In other cases, security footage may be available. Once liability is established, you will need to prove the extent of your damages. This will require medical records, bills, pay stubs, and other documentation.
If you were the victim of an assault, your case will likely take the following path:
1. You seek initial medical treatment for your injuries if necessary
2. You hire an attorney
3. You continue to treat for any injuries you have if applicable
4. Your attorney sends a demand letter and begins negotiations
5. If a settlement can’t be reached, your attorney will file a lawsuit. The litigation process can take months or even years.
6. If no settlement is reached before trial, your case will go to trial.
Except in the case of egregious negligence, this process can frequently take more than a year.
The average settlement for an assault case can vary depending on a number of factors. If you have been the victim of an assault, it is important to understand what factors might affect the settlement you can receive, as well as what compensation you might be entitled to.