Determining what constitutes a solid assault case can be complicated. Sometimes there is not enough evidence for assault, other times assault charges may also cross the line into battery.
The experienced attorneys at Moraitakis & Kushel, who are well versed in assault cases, can explain the different types of charges you can file and help you understand your rights and file a claim.
What is Assault?
Assault can occur when an individual is injured or harmed due to the intentional acts of another. Victims of assault must have reasonable fear of harm and the threat must be imminent. Civil assault is a type of torte, which implies that the act had to have been intentional- differing from personal injury cases that are a result of negligence.
Assault does not require an individual to be physically touched, but can be an attempt at physical harm or an act that constitutes a threat, therefore eliciting fear of danger in another individual.
Innocent victims of assault who have been hurt or injured due to no fault of their own could be taken on by one of our attorneys.
A toy gun used in a robbery is a common example of an assault charge. Though the individuals being robbed may not know a gun is fake, the thought that it is life threatening and meant to cause fear or harm constitutes an assault charge.
Assault and Premises Liability
We represent victims of assault that occurs on private property. Premises liability law protects guests, patrons, customers and invited visitors. If you were hurt or assaulted on someone’s private or commercial property, you may be eligible to receive compensation for medical bills, lost wages, and pain.
For example, if a guard at an apartment complex were to assault you or pose the threat of assault, you could be eligible for compensation.
Assault and Negligent Security
Inadequate security includes recovery for injuries caused by criminal assaults, robberies and attacks due to inadequate premises security, as well as other inadequate conditions in commercial and residential premises.
Assaults that occur due to negligent security could result in may be eligibility to receive compensation for medical bills, lost wages, and pain.
Contact Moraitakis & Kushel, LLP
Assault can damage a person’s mental and physical health. Understanding whether or not you can file an assault charge can be confusing as well as complicated, depending on the individual incident.
The personal injury attorneys at our law office can help you file a claim and receive compensation for your damages. Contact Moraitakis & Kushel, LLP for a free consultation about your case by filling out our online contact form.