Assault Injury in Phoenix
Have you been injured by an assault, battery or other intentional act committed by another person? The right Phoenix personal injury lawyer can assist you in obtaining compensation for your injuries. LLG is available to represent clients who have suffered injuries not only as the result of negligence, but also as the result of assault and battery, including sexual assaults and other harmful intentional torts.
What are Intentional Torts?
When most people think about pursuing claims for personal injuries and damages, they imagine car crashes, slip and fall cases, injuries suffered in the workplace, doctor’s mistakes (medical malpractice) and similar situations. All of these claims have one thing in common – they resulted from an accident, that is, an unplanned, unintentional act. Some of these causes of action require proof of negligence; others, like work-related claims that fall under the umbrella of workers’ compensation, do not require such proof. But none require the claimant prove the defendant in the case or anyone else acted with the intent to cause a particular result.
What is Workers’ Compensation?
The workers’ compensation system can be a major benefit to employees who are injured on the job. As a general rule, it prohibits employees from starting lawsuits against their employer for injuries on the job. On the other hand, the system controls how much compensation the employee can receive through the workers’ compensation system. It works as a kind of “no fault” system for accidents on the job. In addition to accidents, the law covers injuries that may appear gradually, and for occupational diseases that result from exposure at the workplace or in connection with your work. There are a number of issues that must be examined in any workers’ compensation claim, including:
Assault, on the other hand, is one of many civil causes of action known as “intentional torts.” Each of these torts (or civil wrongs) require some intentional act on the part of the person you are making claims against. Generally, the intent required is intent to do a specific act. You are not required to prove, for example, that the defendant intended to cause you a specific injury, or, in some cases, any injury at all.
The fact that a particular act may also constitute a crime is largely irrelevant to your civil damage case. If you have been the victim of a criminal assault, you are not required to sit back and be satisfied with the results of the criminal justice process. The person who struck or otherwise assaulted you may or may not be charged criminally, and he may or may not be convicted of a crime. Whatever happens on the criminal side, you are free to pursue your claim for civil damages against that person.
There are a host of intentional torts that can support a claim for damages. They include not only assault, but also false imprisonment, intentional infliction of emotional distress, fraud, conversion, libel, slander, abuse of process, malicious prosecution, and trespass, among others. The bulk of damage claims based upon intentional torts, however, involve assault of one form or another.
Types of Assault
A civil cause of action for assault in Arizona requires that you prove that the defendant: Intended to cause offensive contact with, or harm to, you or a third person, or intended to cause apprehension of such immediate harm or contact; and Caused apprehension of immediate harm or contact; and You suffered damages.
The definition of “offensive” contact is contact that would offend a reasonable person.
Therefore in a civil case in Arizona, assault essentially consists of causing apprehension of offensive contact, but no actual contact is necessary. Battery, on the other hand, includes the actual contact, and this is the only difference between the evidence required to prove liability in an assault case or a battery case. Having said that, the two are often part and parcel of the same claim for damages.
Some of the confusion over the use of the terms “assault” and “battery” stems from the fact that in Arizona, the threat and the physical contact are treated separately on the civil side, whereas both actions fall under the heading of assault under the Arizona Criminal Code.
As with other types of assault, victims of sexual assault and sexual molestation may sue their attackers and others who have committed a sexually-related offense. Sexual assaults can range from inappropriate touching, to molestation, to forcible rape, to introducing date rape drugs into a drink, and numerous other behaviors. In addition to having someone physically attack, batter or touch you, you can also be the victim of emotional trauma based upon the creation of an environment filled with sexual threats, sexual innuendo and other inappropriate action. These sexually-related actions can cause serious, permanent, and even life-threatening injuries. In most cases, the damages also have an emotional component that may be as disabling and traumatic as the infliction of severe bodily harm.
Damages in Intentional Tort CasesThere are numerous categories of damage that you may suffer as a victim of an intentional tort. The allowable damages include more than just reimbursement for your out-of-pocket expenses, and may consist, depending of the nature of your case and the extent of your injuries, of the following:
Medical expenses. This is one aspect of an economic injury you might suffer. The cost of emergency room and other hospital visits, doctor appointments, medication, and any other cost of medical care can be included in your claim for damages. Work losses. Lost wages can be a significant drain on a family’s economic situation. If your injuries resulted in your inability to work, you are entitled to be reimbursed for that loss. Pain, suffering and emotional distress. With non-economic damages, the question is how much would a jury consider it be worth not to have suffered the pain you were required to endure as the result of the defendant’s intentional actions? And this includes more than just physical pain. Depending upon the facts in your case, damages might include humiliation, such as that suffered by a victim of sexual assault. Other variations of emotional distress can also support a claim for damages in an intentional tort case. Punitive damages. These are damages that are awarded not to compensate the victim, but to punish the wrongdoer. They are also known as “exemplary damages.” While the amount of these damages should bear some relation to the actual damage suffered, juries are given a fair amount of latitude on the amount of a punitive damage award. In order to allow an award of this type, the conduct of the defendant needs to be considered so extreme and outrageous.
Assault Lawyer in Phoenix
Whether your case involved being struck, sexually assaulted or molested, threatened or simply placed in fear for your safety, you may have a claim as a victim of an assault, battery or other intentional tort. Remember that there are statutes of limitation that can cause you to lose your claim if you do not act within the requisite time period.
If you have been the victim of an intentional tort, contact the personal injury firm that places the interests of its clients first, and speak to an experienced lawyer about your case.
Call the Lebovitz Law Group at 602-975-5550
Get the Answers you deserve. The legal and insurance systems are confusing and intimidating. The Lebovitz Law Group has the experience and knowledge to guide you through them, and to help you get the maximum compensation you are entitled to.
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Our No-Fee Pledge
At Lebovitz Law Group, we offer free, no obligation consultations. If we accept your retention of our firm, we will finance your case costs. We handle all communications with the insurance companies, their adjusters and lawyers. We only get paid when we obtain a favorable settlement or verdict in your case, and we stand by that promise.