Incidents of assault and battery can leave victims with trauma that can last a lifetime. Beyond the physical damages that sometimes occur, there are also emotional and psychological damages that can require extensive psychiatry and therapy even partially to recover from. For this reason, many who have suffered through assault and battery often ask their attorneys a wide range of questions regarding the value of their case. Thankfully, our experienced lawyers at the top-rated Normandie Law Firm can assist you in receiving all the resources you need to fight your case. We can also help you determine the settlement amount of your case so you have an idea of how much your assault and battery case will settle for once you retain our law firm to represent you. If you have any questions after reading this article, please feel free to reach out to our law firm for a free consultation by one of our skilled attorneys with experience handling assault and battery claims.
Questions Regarding Case Value of Assault and Battery
When clients come to our law firm with an assault and battery case, they often ask our attorneys with experience in assault and battery cases a series of questions regarding the value of their case. Some of these people don’t have an attorney yet; others who ask for their case worth or average case value, already have an attorney but are unsatisfied with that attorney’s service and would like to switch attorneys. Some of these frequently asked questions include:
- What is the average value of assault and battery lawsuit?
- What is the average compensation amount for a physical assault case?
- How much is my assault and battery settlement worth?
Fortunately, at Normandie Law Firm, our expert attorneys are committed to offering our clients all the resources they may need to successfully file their claim regardless of whether or not they have an attorney already.
How much your case is worth depends on some factors that are not easily generalized. For example, your case might be worth more if your assault or battery case resulted in damages that affected your lifelong well-being. On the other hand, you are more likely to receive a smaller settlement if your assault and battery case resulted in minor damages. An example of a lifelong injury is being permanently paralyzed or suffering a broken bone. An example of a minor injury is scratches on the skin. This vast difference in potential value also affects any settlement average we could hope to obtain. The skills of your attorney also matters. The attorney must specialize in assault and battery cases. We often get clients who are not happy with their attorney because the attorney is a general personal injury lawyer and doesn’t know how to handle assault cases. Our law firm has attorneys who specialize in assault and battery cases and will get you the highest settlement possible. If you are unhappy with your attorney, contact our law firm and we will provide you with a free second opinion on your case.
While it is possible to calculate a settlement average for assault and battery lawsuits, there is no guarantee that your case would apply to that average. For example, your assault and battery lawsuit is worth over $1,000,000 if it occurred on property where the owner or manager could have prevented the action or contributed to the occurrence, such as a store or hotel. Punitive damages could increase the value of your case to over $2,500,000. It should be noted that to get $1,000,000 and above for assault, the plaintiff needs to present sufficient evidence of injuries. These could be hospital bills, doctor’s notes, and treatment bills. However, if you don’t have ample evidence and proof of the assault, you may not be able to receive as much as you hope – some lawsuits with little backing evidence are settled for less than $50,000.
However, that is not to say that determining your case value is impossible. The best way to discern the value of your case is to calculate the compensable damages that make up your specific case. These compensable damages typically fit into three different categories: monetary damages, nonmonetary damages, and punitive damages.
Monetary damages typically make up a significant amount of your overall case value as the components that make up monetary damages all have a definable economic value. Some of these monetary damages include the following:
- Medical Expenses: These are the costs that a victim must endure for the hospitalization of the initial injury and any further treatment needed in the future because of this injury. These expenses often make up a significant portion of a settlement value.
- Loss of Wages: These compensatory damages meant to reimburse the victim for any wages lost from the injuries. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time.
- Loss of Potential Future Wages: Sometimes injuries can be so severe that the victim may lose the ability to perform at the same level they had before their injuries. To determine this amount, a complicated formula is used that involves the examination of the victim’s projected earnings and the impact that the damages may have had on the victim’s ability to find and perform future work.
Nonmonetary damages are a little more challenging to define accurately as they are made up of damages that don’t have a definable monetary value. An attorney would best assist you in calculating these damages. However, it is still in your best interest to know the components that make up nonmonetary damages:
- Pain and suffering: This damage is compensated to a victim based on the pain and suffering they endured from their injuries. This amount is often calculated by the use of a pain multiplier that has the victim identify their level of pain on a scale of one to ten.
- Emotional Distress: This form of compensation is offered to victims that have experienced any emotional trauma suffered due to the injuries. The compensable amount of emotional distress often varies from state to state.
- Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship
Lastly, punitive damages are typically added to the overall value of a case to punish the defendant and to deter them from similar actions in the future. Punitive damages are often considered difficult to make an argument for as you must be able to prove the intent of the defendant. This is easier to prove in cases of assault and battery. However, a lesser attorney will still try and settle a case without pursuing punitive damages. Our qualified assault and battery attorneys at Normandie Law Firm are devoted to committing all the resources necessary to earn our clients the damages that they demand; punitive damages included.
Our Recent Verdicts and Settlements
$2.5 Million
$950,000
$1.5 Million
$500,000
$2 Million
$1.93 Million
Assault and Battery
To determine the value of your assault and battery case, it is incredibly important that you understand the components that make up an assault and battery case. Assault is considered the crime of threatening a person without making any physical contact. This definition tends to vary from state to state and can include threats or threatening behavior against another person. For an assault case to be taken there has to be some action taken by the defendant that supported these threats. So, essentially words alone do not make an assault case. Assault can come in one of three degrees, and they are listed as follows:
- Third Degree: Third-degree assaults are usually charged as misdemeanors and typically involve things like DUI accidents, or other simple assaults.
- Second Degree: Second Degree assault is considered a Class D felony. This can include assaults that cause bodily injuries or assaults made against a peace officer.
- First Degree: This is the most serious assault charge, and is considered a Class B felony. This can include aggravated assault with a deadly weapon or an assault causing severe bodily injury.
Battery is typically defined as the intentional offensive or harmful touching of a person without their consent. A battery case requires that the following is true in your case:
- Intentional touching
- Harmful or Offensive Touching
- No Consent From the Victim
Battery usually doesn’t require an intent to harm the victim. Instead, there is only a requirement for the defendant to have an intent to make contact or cause contact with the individual. A battery charge is also true if contact is made recklessly or negligently. In almost all battery cases, assault is also charged to the defendant. Just like in assault, battery can come in three degrees as well, and they are listed below as follows:
- First-Degree: Involves use of a dangerous weapon
- Second-Degree: Also involves the use of a dangerous weapon but varies depending on the intent behind the bodily harm or the level of bodily harm.
- Third-Degree: This form of assault occurs when a person attempts to injure another person, but does not, or when a person does injure a person, just not physically.
Victims of assault and battery incidents can either file a civil or criminal lawsuit against the defendant. A civil suit typically requires a lesser burden of proof, but the outcome doesn’t result in criminal charges. Criminal lawsuits, on the other hand, require a higher burden of proof and can be difficult for a victim as they require that the victim describe the event in detail to a jury of strangers. However, criminal lawsuits, if won, result in criminal charges against the defendant, which may be more rewarding for a victim than a settlement for compensation.
Regardless of the circumstances of your case, it is in your best interest to hire a lawyer experienced in handling cases of this nature. Having an attorney with expertise in assault and battery injury lawsuits on your side can mean the difference between filing a successful claim for compensation and having your case dismissed from court entirely.
How Normandie Law Firm Can Help
If you or a loved one has been attacked by someone, you may be entitled to sue the attacker for the damages that you have had to endure. Those who file their case with an experienced attorney from our top Los Angeles law firm could find some, if not all, of the following damages compensable to them:
- Past and Future Medical Bills
- Loss of Wages
- Loss of Potential Future Wages
- Pain and Suffering
- Emotional Distress (depression, anxiety, PTSD, etc…)
- Punitive Damages
At Normandie Law Firm, our experienced attorneys can assist you in not only fighting our case but helping you determine the settlement average or value for your assault and battery lawsuit. Our attorneys practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.
Free Second Opinions
Some attorneys are lazy, and will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge. An attorney who has experience in assault and battery cases will be able to help give you more information.
Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages. A lawyer experienced in assault and battery cases will be available to assist you.
Reviews from Real Clients
Thank you to everyone here at Normandie for getting me such a great claim outcome for my assault and battery claim.
Emma C.
Thanks to Normandie Law Firm, my assault and battery claim was taken seriously, and I was awarded a fair amount of compensation for my injuries. Thank you so much for fighting for my rights.
Nia F.
The experts at Normandie Law Firm handled my assault and battery claim efficiently and did everything possible to ensure that I recovered a fair amount of compensation for the injuries that I suffered. Thank you!
Gilbert F.
I’m completely satisfied with the way that Normandie Law Firm handled my assault and battery lawsuit. They fought for my rights and got me the highest settlement possible.
Gerome G.
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