Can a person sue someone for beating them up? While the answer to that question is yes, some victims aren’t sure whether it’s worth their time to pursue legal action. It’s not the Wild West anymore, and laws give people the right not to be assaulted by family members, police, and strangers. In this guide, victims will learn how to sue someone for assaulting them, and they’ll learn which factors Lawyers in Beaver Dam WI will consider during the case.
Suing an Attacker
Often, beatings and fights don’t end in charges, but that does not let the attacker off the hook. A victim may be able to sue an assailant for:
- Assault. Although the word seems as if it involves contact, in the civil court system, it only requires a threat or attempt to harm someone. Combined with the victim’s reasonable fear of offensive contact, an attacker commits assault.
- Battery. This civil charge is associated with the offensive touching or intentional contact that happened when the victim was beaten up. Battery may include accidental strikes received when one person tries to hit another.
With either civil charge, a victim must prove his or her damages to sue an attacker. This usually involves providing evidence of medical payments or lost wages related to the beating. If a victim cannot prove damages related to the attack, their lawsuit may be dismissed.
Suing a Third Party
Often, an attacker may be obviously guilty, but penniless. Even a successful claim against an attacker might not help a victim recover from his or her injuries if a judgment cannot be collected. Thankfully, there are other ways to sue third parties, such as:
- Premises liability. The lack of security at a venue may leave the owner liable for a patron’s injuries.
- The dram shop law. Most jurisdictions hold bar owners liable for the damage done by drunken patrons.
- Negligence. Employers aren’t usually held responsible for the intentional or criminal torts of employees, but they might be held responsible for choosing a dangerous person or the failure to provide proper training.
Get In Touch Today
Being attacked and battered is a frightening experience, but Lawyers in Beaver Dam WI are there to help. For additional information and assistance, Click here or call today. You can also visit them on Google My Business.