Your Rights As an Assault Victim

January 3, 2017 | Physical Assaults

If you have been the victim of a physical assault, you are probably upset and uncertain about what to do next. Even if the police have been able to identify and apprehend your attacker, the criminal aspect of an assault case does little for victims other than allowing them to feel that justice has been served.

Fortunately, as a victim of assault, you have the legal right to be compensated for the losses you have suffered under Indiana law. In order to do so, however, you will need to file a civil claim against the person who assaulted you or another party whose negligence contributed to your injuries. Some of the kinds of damages that you can recover in a civil action for assault include the following:

-Property damage
-Medical expenses
-Physical and emotional pain and suffering
-Lost income

Inadequate Security in Assault Cases

Sometimes, an assault can be blamed in part on facility’s inadequate security measures. Consider, for example, a hotel that has a poorly lit parking lot. If an assault occurs in the parking lot, it may be possible to hold the hotel liable for the assault on the theory that it was negligent of the management to not have a well-lit lot.

In some cases, bringing an inadequate security claim against a facility may be the only real chance of recovery after an assault, as the person who assaulted you may be “judgment proof” in that he or she does not have assets to pursue or an insurance policy that would cover their liability.

Do I Need a Lawyer to Pursue an Assault Claim?

While there is no rule that requires assault victims to retain legal counsel, it is always a good idea to do so. A lawyer will thoroughly evaluate your case and determine against whom you could potentially bring a claim. Furthermore, if an insurance company is involved in your case and would like to settle, a lawyer will determine what your case would be worth at trial and make sure that any settlement you accept adequately compensates you for your losses.

Contact an Indianapolis Personal Injury Lawyer Today

At the Fountain Law Firm, P.C., we have successfully helped many assault victims obtain the compensation they deserve for their injuries and related losses. To make sure that you receive all of the compensation to which you are entitled, it is important to have an experienced personal injury attorney handling your case. Attorney Merry Fountain can help you today by meeting in her office or by meeting in your home. Call Merry Fountain anytime at 1-888-242-HURT (4878) for a free consultation.