Assault Victims: What Are Your Options?
Some personal injury lawsuits are filed over accidents such as a slip and fall or even a car crash. In some cases, however, the action that caused the harm was not accidental but rather intentional. In personal injury law context, ‘assault’ and ‘battery are intentional torts that can form the basis of a lawsuit to be presented in civil court. This article focuses on assault tort cases.
What is Assault?
In a personal injury case, the tort of assault is defined as any act done intentionally to cause a reasonable apprehension of imminent and harmful contact. For example, any action that made the victim expect that they were going to be hurt or touched in a harmful way by the offender. Even if there is no actual contact or touching done, the tort of assault can still take place. It is the threat that matters.
Assaults can arise from bar fights, sporting event assaults, abuse by bouncers, casino fights, jail house assaults, stabbings, gunfire claims, and other street variety assaults. It can involve one or more drunk parties or have been drinking, and some are under the influence of alcohol or drugs.
Damages in Assault Tort Cases
Civil cases involving assault tort can be very serious. Remember that no actual physical injury is required in most states, so lawsuits for these tort cases can vary widely in terms of damage awards. All assault cases come down to the extent of injury to the injured party – whether or not one party was provoked or not – as well as the credibility of the parties. Each party will have different versions of the true story so it will all boil down to the credibility of the parties along with evidence from any witnesses that will further strengthen your case.
This is why it is essential to acquire any videos, photos, recordings or surveillance of the assault or even the moments leading up to the assault as these will help personal injury lawyers with your case. Note the importance of preserving your records with the names and contact information of the witnesses.
Assaults can result in various injuries such as:
soft tissue injury
In ever assault claim, the Ontario Government will have a subrogated interest to recover OHIP’s healthcare cost linked to medial fees arising from the assault. The healthcare cost can be small for minor injuries, but in more serious cases (usually involving broken bones and brain injuries), the subrogated interest becomes significant. In the event the interest fails to be recovered and the accident victim receives compensation for their injuries, the provincial government can seek to recover their lost healthcare cost directly from the accident victim.
If you or someone you love is a victim of assault, contact us today at 1.855.905.9222 for a free consultation.