Assault & Battery
Assault and Battery Cases: Pursuing Justice for Victims
At Traut Injury Law, we are dedicated to helping victims of assault and battery obtain the compensation they deserve. These cases often involve intentional harm, such as unnecessary use of force by law enforcement officers, security guards, or private individuals. Victims may experience physical, emotional, and financial suffering due to these incidents, and we are here to ensure they receive justice. Traut Injury Lawyers have settled and tried numerous assault cases over the last three decades.
Holding Law Enforcement and Security Guards Accountable
Assault and battery cases often arise from excessive or unnecessary use of force by law enforcement officers or security personnel. While these individuals are entrusted with authority, they must act within the bounds of the law. When they abuse their power, victims may be left with severe injuries and lasting trauma.
Insurance Coverage Complexities
Many assault and battery cases are not covered by insurance policies. This is because insurance typically excludes coverage for intentional acts, such as those involving clear intent to harm another person. However, there are instances where the conduct may be deemed negligent rather than intentional—for example, if the defendant did not intend to cause injury but acted recklessly or without proper caution. In these cases, the negligent actions may fall under the liability provisions of a homeowner’s, renter’s, or business insurance policy. Identifying and proving negligence is often critical to securing compensation for victims.
Civil Justice vs. Criminal Accountability
It is important to understand that personal injury attorneys cannot pursue criminal charges against a defendant or seek to have them incarcerated. Traut Injury Law’s role is to seek monetary compensation for victims through civil claims. This compensation aims to address the injuries and losses suffered by the victim, providing relief and resources to aid in their recovery.
The Importance of Evidence
In assault and battery cases, evidence plays a vital role in building a strong claim. Key types of evidence include:
- Text messages and communications: These may reveal threats, admissions of guilt, or other relevant details.
- Witness testimony: Statements from those who observed the incident can provide critical corroboration.
- Videos and photographs: Surveillance footage, cellphone recordings, and pictures of injuries or the scene of the
incident can be compelling evidence. - Other corroborating documentation: Police reports, medical records, and written accounts can further strengthen a case.
Gathering and preserving this evidence promptly can make a significant difference in the outcome of your case.
Medical Documentation
Seeking medical attention immediately after an incident is crucial. Not only does this ensure that your injuries are properly treated, but it also creates a medical record that documents the harm you suffered. These records can be critical in demonstrating the severity and impact of your injuries, which is essential for obtaining fair compensation.
Recoverable Damages
Victims of assault and battery may be entitled to various types of damages, including:
- Economic damages: Covering medical expenses, lost wages, and other financial losses.
- Non-economic damages: Addressing pain, suffering, emotional distress, and diminished quality of life.
- Punitive damages: In cases involving particularly egregious or malicious conduct, the court may award punitive
damages to punish the defendant and deter similar behavior in the future.
Compassionate and Experienced Legal Representation
Assault and battery cases require a nuanced understanding of the law and a compassionate approach to addressing victims’ needs. At Traut Injury Law, we are committed to guiding you through this challenging process, ensuring your voice is heard, and fighting for the justice you deserve. If you or a loved one has been a victim of assault or battery, contact us today for a confidential consultation.
