Can I File a Personal Injury Claim if I Was Assaulted?

Can I File a Personal Injury Claim if I Was Assaulted?

There are several different kinds of personal injury cases that are common, such as car accidents, bicycle accidents, pedestrian accidents, drunk driving accidents, slip and fall accidents, nursing home abuse, medical malpractice, and wrongful death. All of the above accidents are based on the theory of “negligence.” In other words, these claims specifically deal with accidents, but there is another type of personal injury claim and that is the type filed for an “intentional tort.”

Intentional torts are unlike most personal injury claims that involve negligence. Instead of being based on accidental actions, intentional torts strictly have to do with actions that people take to knowingly and intentionally harm another person. Examples of intentional torts include assaults and sexual assaults. Often, intentional torts involve a criminal case and criminal charges leveled against the perpetrator.

Can There Be a Criminal & Personal Injury Case?

In many cases, there is a criminal case against someone who violently attacked another person. But does the criminal case bar the victim from filing a personal injury lawsuit? No, it does not. Both cases can be filed concurrently.

For example, a man who was under the influence of methamphetamine may have snapped and beat up another man who “stole his parking spot.” While the perpetrator is faced with aggravated assault charges under the Texas Penal Code, the victim can file a separate personal injury lawsuit against the man who attacked him to pay for his medical bills, lost income, and pain and suffering.

When the Perpetrator Has No Assets

While the perpetrator who committed the assault may be sued by the injured party, sometimes the offender doesn’t have any assets for the victim to go after. In these situations, there may be a third party, such as a property owner or a business owner who may be legally liable for the accident, basically based on the theory of “negligent security.”

For example, if a college student was attacked on campus, she may be able to sue the college for damages. This is just one example, but there are many more where a third party can be liable under the law.

To learn more about filing a personal injury claim for an intentional tort, contact The Zendeh Del Law Firm, PLLC today!

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