Assault and Battery Lawyer
If you have been a victim of assault or battery, you do not need to face the legal system alone. Call (541) 948-8830 for a Free Consultation.
Assault and battery are two violent crimes that involve threatening harm or causing actual harm to another individual. Assault can occur even if contact never occurs. Battery involves committing an intentional violent act against another person that results in serious physical injury, such as a broken bone or fracture, or wounds that may lead to disability or injury which require hospitalization or surgery.
Dealing with an assault and battery case is a complex and difficult task. Legal defense teams and insurance companies are educated in how to defend assault and battery injury cases. They often pursue tactics that are designed to place blame on the victim or at the very least create the impression that the victim caused or contributed to the attack with their behavior.
If you or a loved one have are the victim of assault and battery, you do not need to face the legal system alone. A personal injury attorney can help you understand what claims you can cite against your perpetrator in a civil court and what damages you are able to recover as a result of your injuries.
What is Needed in Order to Prove Assault and Battery?
To prove an assault and battery charge, you need to be able to show that the perpetrator’s actions were intentional, and that they followed through by making physical contact with you without your consent. While assault and battery are two distinct crimes, if both acts occurred in close proximity time-wise to each other, a single charge of assault and battery is presented.
In order to prove an assault charge, the victim will have to prove that they were in immediate danger of being injured. For example, it may be very difficult to prove immediate fear of harm if the perpertrator calls on the phone and threatens to hit you. However, it would be easier to prove assualt if a person was standing accross the street from your house holding a baseball bat while threatening to hit you with it.
In order to prove battery, the victim will have to prove that the other person intentionally caused them physical harm.
Types of Compensation You Can Recover if You’ve Been Injured
If you or a loved one have been injured due to a serious assualt and battery act, it can be expensive getting the medical treatment needed. In order to recover these damages, it is important to speak with an experienced personal injury attorney. You may be able to recover compensation for damages such as:
- Lost wages during your treatment period and potentially in the future
- Long term medical and physical treatment
- Medical expenses – doctors, medications, hospitalization, surgery
- Pain and suffering
- Emotional distress
- Noneconomic damages – There is a five hundred thousand dollar cap on noneconomic damages in assault and battery cases.
The process of obtaining compensation for your injuries can be a lengthy and complex process. In most cases, you will have to deal with the criminal legal system, law enforcement, one or more of the liable parties, and the insurance company involved. You can be sure that this is not the first time they have defended an assault and battery case. This is why it is so important for you to have a lawyer on your side who is experienced and knowledgeable concerning assault and battery cases.
Free and Confidential Case Evaluation
At E.B. Miller Law, we understand the financial consequences of becoming injured. Our promise to our clients is that we take no money upfront, and all our cases are charged on a contingency basis.
Don’t hesitate to get the compensation you deserve for your pain and suffering. Contact E.B. Miller Law today at (541) 948-8830 for a free consultation with our experienced legal team.
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