Civil litigation is the legal process by which one party, the plaintiff, files a lawsuit against another party, the defendant, for money damages. The vast majority of lawsuits involve negligence or contractual relationships. This is not always the case, though. There are many different “causes of action.” One of the less frequently used claims is assault. This claim arises when one is physically attacked by another person. Even though the attacker may be punished criminally, the victim still has a claim for the recovery of personal injury damages. The attorneys of Maginnis Law can assist by filing suit against the responsible party and attempting to work out a settlement, if possible, and if not, taking the case to trial. To speak with a Raleigh assault attorney, call Maginnis Law at 919.480.8526. You may also use our online submission page to submit the details of your case.
Assault, like negligence, allows for the recovery of certain legally recognized damages, including compensation for medical and pharmaceutical expenses, diminished earning capacity, permanent disability, and physical and mental pain and suffering. Unlike simple negligence, though, an assault claim may also carry with it the possibility of recovery of punitive damages. These damages allow the jury to make an example of the defendant by awarding you an amount of up to the greater of $250,000.00 or three times your actual damages. The threat of punitive damages provides valuable leverage in attempting to work out a settlement.
The primary difficulty with assault cases is that many times there is no available insurance coverage. This means that you are left to attempt to recover from the responsible party directly. Many regular people, especially those committing violent crimes, do not have the assets to satisfy a multi-thousand dollar judgment. This, of course, is not always true. The person may, in fact, have assets that would satisfy at least some part of a judgment. Importantly, damages for assault may not be discharged for bankruptcy. Judgment debtors often times seek to avoid big judgments by filing for bankruptcy. Assault defendants do not have that option. The debt remains with them until satisfied.
The Raleigh law firm of Maginnis Law handles all personal injury cases on a contingency basis. That is, you only pay attorney’s fees if we make a recovery on your behalf. Additionally, all consults are free of charge. Our attorneys regularly handle cases for clients in Raleigh, Durham, Chapel Hill, Cary, Apex, Fayetteville, Greensboro, Winston-Salem, and the surrounding areas.
To speak with a Raleigh assault injury attorney, call Maginnis Law at 919.480.8526. You may also send a confidential email to our lawyers by using our contact page.