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Many people are unsure of their legal rights when it comes to holding an assaulter liable for damages, both physical and economic, in civil court. The bottom line is that the victim of a deliberate assault has the same rights as the victim of negligence, you can file a Morris County civil lawsuit and recover compensation for medical expenses, lost income and future income, and your pain and suffering. However, there are some important differences between personal injury lawsuits and civil lawsuits for assaults. 

Assault Civil Liability and Criminal Convictions Morristown Civil Attorney

A person who commits an assault can face both criminal charges as well as civil liability. If the accused is convicted of assault, it makes a civil lawsuit against them almost guaranteed to win. If they are not convicted of assault in a criminal court, it is still possible to win a civil case against the assaulter as criminal courts require proof beyond a reasonable doubt of guilt, while civil courts only require a preponderance of evidence.

Recovering Compensation for Assault Morris County Lawyer

While you are always within your rights to pursue a civil claim against a person who physically assaults you, it can sometimes be difficult to recover compensation. There is no insurance which covers individuals who commit deliberate acts of violence, so your compensation would have to be recovered from the individual's personal assets. Following a criminal trial, and afterwords a civil trial, the individual may be significantly low on resources after paying for legal representation for their two trials. Unless the assaulter has a large amount of assets like a home, savings, or a private business, it can be difficult to recover compensation from an assaulter.

Assault in the Workplace Attorney Parsippany, NJ

While it can sometimes be difficult to recover compensation in the case of an assault, there are circumstances where other parties may be liable for covering your expenses and injuries. If you were assaulted while performing a job-related task, your injuries can most likely qualify for a workers' compensation claim. In this case, you would be covered for all reasonable and necessary medical expenses as well as whatever wages or future earnings you may have lost as a result of your injuries.

It may also be possible to sue the employer of the person who committed the assault if they were performing a work-related task when the assault occurred. If you can show that the employer was negligent in the hiring of the assaulter, or negligent in the creation of the situation that lead to the assault, you could have success filing a personal injury claim against their employer.

A personal injury claim, as opposed to a workers' compensation claim, would allow you to recover compensation for not only your medical expenses and lost income, but for your pain and suffering as well, which usually represents the largest portion of damages recovered in any personal injury case.

Contact a Morristown Personal Injury and Civil Lawsuit Attorney Today

At The Law Office of Smith & Doran, we have extensive experience helping clients across Parsippany, Randolph, Roxbury, Morristown, and the greater Morris County area to recover compensation in personal injury cases, workers' compensation claims, and civil lawsuits against people who commit assault.

Founding partner Robert A. Smith personally handles all personal injury and civil lawsuit cases, and has the elite privilege of being a New Jersey Supreme Court Certified Civil Trial Attorney, a distinction awarded yearly to only 2% of the active lawyers in the state.

At Smith & Doran, we believe in open and honest communication with our clients, we do not make unrealistic promises just to have your business. We give you an accurate assessment of your case and your options, then apply our skill and experience to securing you the most favorable settlement possible.

To speak with Robert Smith and the personal injury and workers' compensation team of Smith & Doran today in a free and confidential consultation, please contact us online or through our Morristown office at 973.261.6254.

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Smith & Gaynor, LLC
60 Washington Street, Suite 302
Morristown, NJ 07960

Phone: 973-532-2661
Fax: 973-292-9168
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