If a person puts you in fear of attack, that person assaulted you. An assault can cause you physical injuries and emotional distress. Most people are aware that an assault is a crime. However, it also entitles you to a personal injury claim. Sometimes the police did is not charge the perpetrator with criminal assault. Can you pursue an assault claim without criminal charges?
What Is Assault?
Nevada defines assault as:
- Attempting to use physical force against another person, or
- Intentionally putting someone in fear of immediate bodily harm.
A common claim for assault arises from interactions with bouncers. Bouncers do not have a special privilege to assault people. A bouncer may only attempt force in self-defense or in defense of others. If you are merely rowdy, the bouncer is only supposed to ask you to leave and then call the police if you refuse. If you were assaulted and not harming anyone, you may have a claim even if the bouncer was not arrested.
The Difference Between Criminal and Civil
- A prosecutor brings a criminal case for assault. In a criminal case, the prosecutor must prove beyond all reasonable doubt the perpetrator is guilty. Sometimes the perpetrator is not be charged with assault only because the prosecutor does not have sufficient evidence to convict.
- On the other hand, a civil case is your personal injury claim for compensation from the perpetrator. You only need to prove the perpetrator more likely committed assault than not for you to win. Therefore, it’s easier for you to recover damages for your losses.
What You Recover from an Assault Claim?
A criminal trial for assault may offer you restitution. However, restitution is limited to compensation for “economic damages”, which may only represent your medical bills.
A personal injury claim for assault also compensates for “non-economic damages.” A successful claim includes damages for your pain and suffering and emotional distress. Punitive damages may be available for some cases, which are additional payments that punish the perpetrator.
You may still have a personal injury claim if the police did not arrest the perpetrator for assault. A personal injury claim can be a better solution for you. You can also get representation that is dedicated to justice from Sam & Ash, LLP. You deserve What’s Right after an assault, and that starts with a free consultation at 1 (800) 304-2000.