Posted on: 25 August 2020Share
Failing to win an assault criminal case can leave a person feeling down and like they cannot get proper justice. However, a civil case for this type of personal injury can ensure that they at least get monetary compensation, especially if they find a good lawyer who they can trust.
Personal Assault Can Be a Civil Suit
Assault is one of the most common types of personal injury criminal suits but can be tough to win. Many find that when they attempt to win this type of case, they need a lot of evidence showing that they were attacked by the defendant and that the assault caused these injuries. And the defendant may try to cast uncertainty into the case by claiming the assault was "self defense."
Sadly, this may result in a person not winning their case and feeling like they have no recourse. However, they can get help in a civil lawsuit from a personal injury lawyer. Civil courts are separate from criminal ones, and a case that is not successful in one can be pursued in another without threats of double jeopardy. However, it is important to know how to prove this type of case to ensure that it succeeds.
Proving This Type of Case
When trying to pursue an assault case as a civil trial, it is important to find a personal injury lawyer who can help out with this difficult situation. These professionals are skilled at gathering evidence that can prove that their client was injured. This type of evidence can take the form of eyewitness testimony, doctor reports, and photographs or videos of the person being injured.
In this type of civil case, a person needs not to prove guilt "beyond a reasonable doubt" as they must in a criminal trial. Instead, they just need a preponderance of evidence. This fact means that they just need to have more proof showing that they were assaulted than that they were not. Often, defendants in these types of cases have little to show that they did not assault a person and may want to try to settle.
However, settling is usually not in the best interest of the plaintiff if they have a large amount of evidence showing that their personal injury was real. Instead, they should pursue this type of case and get the compensation that they earn. In these cases, personal injury rewards can include payments for medical fees and for "emotional suffering," which is often critical to consider when trying to win here.
Speak with a personal injury attorney from a firm like Labine Law Firm for more information.