Suing for Assault in Small Claims Court
Unfortunately, assault is an all too common occurrence. According to the National Coalition Against Domestic Violence, more than 10 million people fall victim to physical injury and intimidation each year.
Being involved in an assault can be a terrifying and often humiliating experience. If you have incurred damages and are considering suing for assault, DoNotPay can help you initiate a case in small claims court. You no longer need to be afraid, as we will be with you every step of the way.
Reasons to Consider Suing for Assault
The U.S. Judicial system defines assault as a purposeful act known as an "intentional tort."
Assault occurs when a person intentionally instills fear in another person with the threat of imminent harm. Contrary to accidents that happen out of negligence or carelessness, assault is committed with malice and ill intent.
Criminal charges can often coincide with civil proceedings. However, keep in mind that you do not have to press charges to sue in small claims court.
As a victim of assault, you may have incurred injuries that include but are not limited to:
- Physical Injuries
- Mental Health Issues
- Lost Wages
- Pain and Suffering
- Property Damage
- Economic Loss
All of these instances are valid reasons to consider suing for assault.
|Suing for Assault Due to Economic Loss||Victims of assault often find it hard to return to work and may incur a loss of income for an unspecified time. Unexpected medical bills can also cause an undue financial burden. Suing for assault gives victims compensation for money lost as a result of the senseless attack.|
|Suing for Assault Relating to Pain and Suffering||Physical injuries are not the only result of an assault. Sometimes undue pain and suffering occur after an altercation. Compensation is often substantial based on the unnecessary stress caused by the incident.|
|Suing for Assault Involving Intimidation and Harassment||Assault does not have to involve physical contact. When you feel threatened by another person and are at risk of imminent danger, that is reason enough to consider suing for assault in small claims court.
For example, if you are at a sporting event and an out-of-control fan starts to harass you and becomes verbally abusive, you may be intimidated by their behavior. If their acts escalate, and you feel threatened or fearful of being injured, that is assault, and you have every right to sue the attacker.
Filing a Lawsuit and Suing for Assault by Yourself
The purpose of filing a lawsuit is for the victim to receive compensation for damages relating to the assault. While a lawyer is not necessary to start a lawsuit in small claims court, there are several things plaintiffs must be aware of before proceeding on their own:
- Statutes of Limitations: A lawsuit must be filed within a specific time frame after the event occurs. If the time expires, the case will be dismissed.
- Compensation Limits: Small claims courts only handle cases that typically range between $3,000 and $15,000. If a plaintiff files a lawsuit that exceeds these limits, the court will not hear the case.
- Jurisdiction: The lawsuit can be filed in the state the defendant resides or in the state where the incident occurred. It's essential to understand the difference before filing to prevent the case from being rejected.
While it is possible to handle suing for assault on your own, it may not be the best approach. In most cases, it is easier to have the expertise of an entity such as DoNotPay on your side to avoid complications.
Dangers of Filing a Lawsuit by Yourself
The legal system has many specific rules and regulations when it comes to filing a lawsuit. It is common for individuals to be overwhelmed with issues such as:
- Arbitration: A dispute can be resolved in mediation before the case reaches a judge. Not understanding your rights could result in an undesirable outcome.
- Judgments: While you may win the lawsuit, the court will not help you collect the money awarded. If the defendant has no assets, you may have to wait as many as 20 years to receive compensation. Making sure a defendant is solvent before proceeding is crucial to a successful outcome.
- Defendants: It may be necessary to name additional parties in the lawsuit if the assault occurred on someone's property. If, for instance, a parking lot did not have proper lighting and was a contributing factor in the assault, the property owner could be held liable. Not naming all defendants in the lawsuit could prove detrimental to your case.
How Suing for Assault is Simplified With DoNotPay
After enduring the trauma of an assault, no one wants to endure a lengthy court battle. Let DoNotPay help you alleviate the stress of filing a lawsuit in small claims court on your own.
Our professional team is available to answer your questions and help you get the ball rolling. Simply follow the steps below to get started:
- Log in to DoNotPay and select the “Sue Now” product
- Enter the dollar amount you are seeking for compensation
- Select whether you want to serve a demand letter or file a claim in court
- Describe the reasons for the lawsuit and submit any applicable details, including photo evidence
That's it! DoNotPay will then generate a demand letter or court filing forms for you. We'll even mail a copy of your demand letter to the individual or business you are suing.
How Else Can DoNotPay Help?
DoNotPay takes the stress out of suing an individual or company in small claims court. Check out these companies that people have successfully sued with the help of DoNotPay: