Assault and Battery Lawyer

How a Personal Injury Lawyer Can Help in Assault and Battery Cases

Sexual abuse is a big problem in the United States. This is a very serious issue. Luckily, in Georgia, victims can fight back. They can file a personal injury lawsuit against the person who hurt them and sometimes others who let it happen. If this happened to you, you can hire a sexual assault lawyer and file a legal claim, regardless of whether criminal charges were filed.

Assault vs Battery in Georgia

In Georgia, both assault and battery are wrong and are known as “torts.” Even though people often mix up these terms, they are different:

• Assault: This is when someone scares you, making you think you will be hurt soon.
• Battery: This happens when someone hurts you on purpose or touches you in a way that offends you.

Assault doesn’t have to involve touching. It’s enough if someone makes you scared of being hurt.

Explanation of Civil vs. Criminal Proceedings for Compensation in Assault and Battery Cases

When someone commits assault and battery, it means they’ve hurt someone else on purpose. This can be both a crime and a tort. Let’s break down what that means. Assault and battery are not just crimes; they are also torts. This is important. A prosecutor may decide to charge the person who hurt you with a crime, but you can also take them to civil court. This is separate from any criminal case.

Criminal Case for Assault and Battery:

1. Prosecutor’s Role: In a criminal case, a prosecutor (a lawyer who represents the government) decides if they should charge the person who caused harm. This is about breaking a law.
2. Penalties: The penalties in a criminal case can include jail time or fines.
3. Purpose: The main goal here is to punish the wrongdoer and protect society.

Civil Case for Assault and Battery:

1. Victim’s Role: In a civil case, you (the victim) can start a lawsuit against the person who hurt you. This is about the harm you suffered.
2. Compensation: You can ask for money to cover different things like:
   • Medical Bills: For treatment of injuries from the attack.
   • Counseling: If you need help to cope with the emotional impact.
   • Lost Wages: Money you couldn’t earn because you were recovering.
   • Pain and Suffering: Compensation for physical and emotional distress.
3. Punitive Damages: In Georgia, you can also seek punitive damages. These are special and are given when the attacker’s actions were extremely harmful or intentional. This is a way to punish them and discourage others from doing the same thing.

Role of an Assault Lawyer:

• In Criminal Cases: The lawyer might work for the state (as a prosecutor) or defend the accused person.
• In Civil Cases: Assault lawyers work for YOU. They help you file a lawsuit and fight for your compensation.

Understanding an Assault Lawyer’s Job in Personal Injury Cases

Criminal cases are about justice and keeping people safe. Civil cases are about getting you the help and compensation you need. Winning a criminal case doesn’t automatically give you money. You need a civil case for that. So, what can you expect from an assault and battery lawyer?

We are Great at Finding Proof

Assault lawyers are experts at finding and understanding proof in assault cases. They get all kinds of evidence, like medical reports, what witnesses say, videos, and police reports. They know what kind of proof is really strong in court and how to show it well.

We Build a Strong Case for You

Your assault lawyer uses all the evidence to make a strong case for you. They plan out how to show how bad the assault was, whether the person who hurt you meant to do it or was careless, and how the assault changed your life. They’re really good at making sure your story is told well and clearly.

We Stand Up For You in BOTH case

A big part of what assault lawyers do is stand up for your rights. We know how tough and sensitive assault cases can be. Our lawyers make sure you’re treated well and with respect. They speak for you, so you don’t have to face the person who hurt you or answer tough questions that could make you feel bad again.

Child Sexual Abuse Lawyer Help

Children are at high risk of sexual abuse. Many are too scared to tell someone, and the abuser might be someone they trust. Child sexual abuse in Georgia involves victims under 16. It can be many things, like inappropriate touching or being forced into sexual activities.

What to Do if You Face Sexual Abuse or Assault

When someone goes through something as awful as sexual abuse or assault, it’s really hard to know what to do next. If this happens to you or someone you know, there are steps you can take to protect your rights. Remember, talking to an assault lawyer can also be a big help.

1. Get Safe: First, make sure you are in a safe place. If you’re not sure where to go, call the National Sexual Assault hotline at 1-800-656-4673. They can help you find a safe place.
2. Go to the Hospital: If you were hurt in this way, go to the hospital right away to get a rape kit done. This kit helps collect important evidence like saliva, DNA, and hairs. It’s best to do this before showering, as evidence can wash away.
3. Tell Someone: It’s normal to feel scared and want to stay alone. But it’s important to talk to someone. This could be a family member, friend, or a professional who can offer support.

Do You Have to Tell the Police?

You, as the victim, don’t have to report to the police. But if a child is involved, certain adults like doctors and teachers might have to report it. Even if you don’t tell the police, you may still be able to file a civil claim with a sexual assault lawyer.

Signs of Sexual Abuse

Sometimes it’s not easy to tell if someone, especially a child or an older person, is being abused. Here are some signs to look out for:

• Bruises or bleeding in private areas.
• Signs of diseases that are passed through sexual contact.
• Young kids acting like adults in a sexual way.
• Being really scared of certain people or places.

Who is Responsible for Sexual Assault?

In a legal case for sexual assault, you can ask for money for your injuries. An assault lawyer can help figure out who is responsible. This might be:

• The person who hurt you.
• Businesses with bad security.
• Schools or universities.
• Churches.
• Groups like the Boy Scouts.

Resources for Assault Victims in Georgia

It’s really important to report these crimes. This can stop the person who did it from hurting others. Depending on what they did, they could go to jail for a long time. It also helps you gain access to resources that might otherwise be unavailable. Even if you choose not to report, take a look at our 2024 Resource Guide for Assault Victims in Georgia.

Talk to an Assault Lawyer

It’s a good idea to talk to a lawyer who knows about these kinds of cases. They can give you legal advice, help you understand your rights, and guide you on what to do next.

Contact Us For Help from an Atlanta Sexual Assault Lawyer

The Atlanta sexual assault victim lawyers at Wetherington Law Firm can explain your legal rights in a consultation and help you know the best path to take to hold your assailant accountable. Call (404) 888-4444 today.