4 Things to Consider Before Suing Someone for Assault

By: JML Law | October 14, 2017.

Residents of Riverside and all across California are tossing around phrases like “I will sue you, (insert profanity here)” and “you assaulted me!” all the time.

But what does it really take to sue someone for assault? Can you actually win a lawsuit over an assault and what are things to consider before suing someone for assault?

#1: Is your case really an ‘assault’

First of all, let’s define “assault” right off the bat.

Many people believe that assault should always involve some sort of physical contact and have injuries as evidence of an act of assault.

But that’s not entirely true.

In legalese, assault is an intentional act or an attempt by an individual to harm another individual(s) or act in a threatening manner to cause fear of imminent harmful contact.

Meaning: that the physical touch itself doesn’t necessarily have to occur in order to constitute an assault. When it does, the physical contact is legally defined as “battery” in Riverside and all across California.

To sum up, you can pursue assault charges when one person (1) attempts or does physically harm you, or (2) acts in a threatening manner to cause fear of immediate harm.

#2: Can you actually win an assault lawsuit

Many people tend to believe that it’s practically impossible to win an assault lawsuit because of the complex legal process that comes along with it.

Here at JML Law, we know the ultimate formula to winning an assault lawsuit:

  1. Collect sufficient evidence (police reports, medical reports, witness accounts, etc.)
  2. Assess all damages
  3. Check the assaulter’s assets or wealth
  4. File a lawsuit properly
  5. Win the case and get compensated for your injuries, lost income, and capability, all medical bills, therapy, pain, and suffering as well as other damages.

We call it the 5-step formula for helping our clients win an assault lawsuit in Riverside. Call our experienced assault attorney today at 818-610-8800 to get a free initial consultation.

#3: Are people suing for assault in Riverside

Although it’s unlikely that your assault lawsuit will soak up national or local coverage in the media (unless it’s something political, bizarre, or otherwise huge), there have been quite a few assault cases in Riverside lately.

In October, a man was convicted of assault with a deadly weapon after a bloody confrontation near Lake Elsinore. He was acquitted of an attempted murder charge.

A bizarre, political-charged incident took place in September when a UC Riverside student snatched a ‘Make America Great Again’ hat from her classmate’s head.

There is even a video of the rather aggressive confrontation between the two students that share diametrically opposite political views.

Although many believed the MAGA hat incident could amount to assault given the female student’s rather aggressive behavior, the pro-Trump student refused to press charges because he eventually got his hat back.

#4: Should you really sue for assault

If the person that assaulted you doesn’t have significant assets, there is little you can do to get a sizable compensation for your damages.

A good assault attorney will do a background check on the assaulter and his current liability insurance policy (if any) to assess the amount of compensation you can obtain.

But our attorneys at JML Law always go the extra mile to make sure our clients get the maximum compensation for their damages.

That’s why we never limit ourselves to the assaulter only. Meaning: We can help you find another party that was partially responsible for your assault.

For example: if you were assaulted in a poorly lit alley near a grocery store, the owner of the store can be sued for negligence due to poor lighting and insufficient security.

Hire our Riverside assault attorney to investigate your case now. Call 818-610-8800 to get a free initial consultation.

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