When someone attacks you, it’s a criminal act — assault and battery. However, you also have the option of filing a personal injury case against the attacker. Frequently, a personal injury case regarding a personal attack is not connected to the criminal case for the same incident.
Most personal injury cases are civil lawsuits addressing the medical costs, emotional distress, and property damage caused by someone’s neglect or carelessness. Intentional torts, however, allow you to confront your attacker through both the civil and criminal courts. Even if the attacker has been found to be not-guilty in a criminal court, you can still pursue a civil case for the same act.
Through your civil case, you can demand compensation for any losses associated with the injuries. Your lawyer will pursue losses for the medical costs and lost wages (current and future) associated with the attack. In addition, your lawyer will pursue additional compensation for emotional distress. Because acts of assault and battery generally cause more emotional distress than other kind of personal injury, your lawyer may pursue this avenue aggressively.
Establishing compensable losses for emotional distress is a difficult and lengthy process. Because there are no hard numbers (like lost wages) to calculate the compensation, you will generally have to visit a variety of psychologists to assess your emotional state. However, these losses can be equal or greater than the medical and wages losses associated with the case.
If you’ve been attacked, don’t just call the police. Contact your own lawyer to establish cause for a personal injury case against your attacker.
Poorly lit stairways, dark parking lots, and burnt-out bulbs indicate that a property owner is responsible if you fell on his or her property. Business owners and property owners have to maintain any premises where clients and customers walk. If you fell while at a business or commercially owned property, talk to your own personal injury lawyer before you speak to anyone from an insurance company.
“Unreasonable landowner maintenance” is another way of saying the owner is at fault. Blocked walkways, unlit parking lots, torn carpeting, loose gravel, missing handrails, and wet floors can mean that a landlord was negligent in his or her responsibilities as a commercial property owner. In fact, the more examples you can find, the more proof you have there is an ongoing problem.
For example, if a lobby floor is wet on a rainy day, the landlord or business owner can make the case that you should have been reasonably careful. However, if a lobby floor has loose tiles and wet spots from a faulty drinking fountain, you could hold him or her liable for your fall.
It’s reasonable for you to assume businesses premises and commercial properties are clean, safe places to walk. If you’ve been injured, you need to contact a lawyer immediately. Your lawyer can then take reasonable steps to document any other problems that indicate the landlord or business owner was being generally negligent.Read More