Victims of assault are often left with severe physical pain and emotional stress. However, victims of assault are not without legal options.
Fortunately, an experienced Atlanta lawyer for victims of assault can help you recover compensation for your injuries. While an attacker might be held criminally liable for an assault, they can also be sued in civil court for the financial losses they caused their victim. Also, other individuals, such as property owners, could be responsible for your injuries if their negligence, including failing to provide adequate security, allowed the assault to happen. However, victims only have two years to file a lawsuit against the responsible parties.
If you were the victim of an assault, our Atlanta lawyers for victims of assault can help you get the justice you deserve. For a free case review, contact Howe Law today at (844) 876-4357.
What is the Definition of Sexual Assault in Atlanta?
Normally, if someone says they have been assaulted and want to sue, they probably mean that another person physically hit and injured them. In other words, many victims of assault are also victims of battery. It helps to think of assault as the windup and battery as the actual striking of the person.
In civil law, assault and battery are closely related but are two distinct types of intentional torts. While it is common to lump them together when speaking generally, each tort has different elements that will need to be proved with evidence. Our Atlanta lawyers for victims of assault can help you file a lawsuit regardless of whether you were the victim of an assault or battery. Additionally, victims can file a civil claim for compensation from the perpetrator and other involved parties.
Civil Assault
In Georgia, assault occurs when a crime victim is reasonably apprehensive of a violent injury from another person. To put it simply, assault means that another person’s intentional acts put you in reasonable fear for your safety.
Keep in mind that assault is essentially the windup. No physical contact is required for a person to be liable for assault. If contact were made, then the assault would graduate to the battery. But for assault, the only requirement is that the other person made you reasonably fearful of imminent harm. However, you will need to show that your fear was caused by the other person having the ability to carry out the threat then and there. For example, if you are waiting in line for coffee, and another patron threatens to punch you or raises their fist to strike but decides not to, they are still liable for assault if you were reasonably fearful of being imminently struck. If your attacker actually made good on their threat and hit you, they would be liable for assault and battery.
Civil Battery
It is probably easiest to think of a battery as a completed assault. A person is a victim of battery when someone physically touches them in a harmful or offensive manner. What is considered harmful or offensive touching will typically be judged by what society finds reasonably harmful or offensive. Further, the contact can be direct or indirect. However, you will need to show that the other person touched you without your consent to do so.
Looking back at the example above, if the other person in line with you struck you after making threats, that kind of direct contact would be considered harmful and offensive. If the person hits you with an object, technically, they did not touch you with any part of their body, which is why the definition of battery accounts for indirect contact. Our Atlanta lawyers for victims of assault can review your case to determine which tort you were the victim of and build a case that is right for you. Victims can also pursue civil claims for compensation to ensure they receive proper guidance and support during this distressing time.
Who to Sue for Assault in Atlanta
While you can sue the person who attacked you, they might not be the only party responsible for your injuries. Some perpetrators of assault might not have the financial resources to compensate you for your injuries adequately. Fortunately, victims of assault can recover compensation from any person that contributed to their injuries.
For instance, if your assault occurred in a public place, like a club or restaurant, a negligent business owner could be liable if they had poor security measures. This falls under premises liability, where the property owner has a duty to provide a safe environment. Atlanta business and property owners must take measures to protect visitors and guests from harm, including foreseeable acts of third-party violence and violent crime.
Attackers could also be on the job when they commit an assault and battery. In Georgia, employers can be liable for their employees’ conduct if they were clocked in when the incident occurred or if the employer negligently hired the employee.
Unfortunately, schools can also be a place where assault and battery occur. If a school lacks adequate supervision, confrontations between students could lead to assault. If the assault happened on school grounds, the school could be liable for the resultant injuries. Our Atlanta lawyers for victims of assault can help you identify parties other than your attacker and hold them accountable.
Statute of Limitations to File a Lawsuit for Sexual Assault in Atlanta
The statute of limitations refers to the time limit to file a civil lawsuit for assault in Atlanta. According to O.C.G.A. § 9-3-33, you will typically have two years to file a personal injury lawsuit for damages. However, it is critical to initiate your case as soon as possible. Collecting evidence and witness statements for an assault and battery case can be difficult and time-consuming. In most cases, a victim will be considered to have waived their right to recover compensation if they do not file their civil lawsuit within two years.
Importantly, your civil case could be temporarily paused if the person responsible for your assault is charged with a crime. In this scenario, your civil case will be put on hold until the criminal matter is resolved. Once your attacker’s criminal case has concluded, your civil case will pick back up where it left off. Our Atlanta lawyers for victims of assault can help you build your case so that it is filed on time.
Our Atlanta Lawyers for Sexual Assault Victims Can Help
Our Atlanta lawyers for victims of assault are dedicated to helping assault victims hold the person who caused their injuries accountable. Call Howe Law at (888) 559-7612 for a free case evaluation.
Frequently Asked Questions
What is the difference between a criminal case and a civil case?
A criminal case is brought by the government against an individual for breaking the law, while a civil case is brought by one person or entity against another for damages caused.
How long do I have to file a civil suit for assault in Atlanta?
In Atlanta, there is a two-year statute of limitations for filing a civil suit for assault. This means that you have two years from the date of the assault to file your lawsuit.
Can I still file a civil lawsuit if my attacker was not charged with a crime?
Yes, you can still file a civil lawsuit even if your attacker was not charged with a crime. The burden of proof in a criminal case is much higher than in a civil case, so it is possible for the attacker to be found not guilty in criminal court but still be held liable in civil court.
What types of damages can I recover in a civil assault case?
In a civil assault case, you may be able to recover both economic and non-economic damages. Economic damages include things like medical expenses, lost wages, and property damage. Non-economic damages refer to things like pain and suffering, emotional distress, and loss of enjoyment of life.
