Were You The Victim Of An Assault Or Battery?
When a person is physically injured due to no fault of their own, they have the right to a lawsuit. This means when someone is beat up, strangled, punched, or robbed without provoking a fight they might have recourse. It is always important to get the legal advice of a assault lawyer to be sure. This can become very serious, the person may fall victim to a physical abuse. They may suffer permanent injury for the rest of their life. When this happens, they may wish to seek an assault lawyer to help them get justice.
The definition of assault is, ‘Using the sudden physical force’. It means physically attacking another person. The assault is of different type e.g. physical assault, sexual assault etc.
The definition of theft is ‘to use the property or service of another person without his/her consent with an intent to infringe the legal right”. In theft there is no use of physical force but it is a violation of legal right and also causes mental disturbance.
If I am a victim, do I need a lawyer?
The victim of theft and assault has a legal right to go for criminal and civil proceedings against the accused. They may or may not wish to retain an assault lawyer. These lawyers fall under the category of personal injury law. The victim’s lawyer can file the criminal complaint against the accused. They can also file the claim in the civil court for the compensation against the damages. The personal injury attorney can also request the court to grant a restraining order against the accused. Under this order of the court the accused can’t physically contact the victim.
The victim of this criminal act can also demand compensation from the ‘crime victim compensation program. Each state of USA is running the crime victim compensation program under which the victim of assault and other criminal acts can demand the compensation against the damages. So, a victim of assault and theft has three legal rights. First, file the criminal complaint, second file the claim in civil court for the compensation, and third demand the compensation from the crime victim compensation program. The Crime Victim Compensation Program covers the following cost: lost wage, medical cost and medical health counseling.
The victim should adopt the following procedure to get compensation from the crime victim compensation program; Reporting the crime, submitting a timely application, and cooperation with the law enforcement agency.