Las Vegas Assault Lawyer
We all have run-ins and disagreements with other people on a daily basis. Most of the time, these arguments are simply verbal. But every once in a while, a dispute may lead to acts of physical violence, which in turn can lead to serious injuries.
If you have been intentionally injured by another person, you have the legal right to seek compensation. A qualified Las Vegas assault lawyer can provide you with advice and civil representation in bringing a personal injury claim. If successful, you can recover damages for your out-of-pocket and other losses arising from the assault.
Can I Sue My Attacker Even If They Are Not Charged with a Crime?
You have probably heard the phrase “assault and battery” before. These are legal terms with distinct meanings. “Assault” occurs when someone attempts to use force against another person, or places another person in reasonable fear of bodily harm. A “battery,” in contrast, means that someone has actually made some form of unwanted physical contact with another person. In Nevada, a battery that results in substantial bodily harm to the victim is considered a felony.
Now the important thing to understand here is that civil and criminal proceedings are completely independent of one another. In other words, if someone physically attacks you and you sustain an injury, you can file a civil personal injury lawsuit against them even if the police never arrest the defendant or charge them with a crime. Indeed, even if the defendant were tried and acquitted in a criminal trial, that would not prevent you from seeking and recovering civil damages.
The reason for this is that a civil plaintiff’s burden of proof is much lower than that of a criminal prosecutor. In a personal injury case, you only need to show by a “preponderance of the evidence” that the defendant caused your injuries. Furthermore, even if you were partly to blame for what happened–so you were seriously injured in a bar fight–you can still recover some damages under Nevada law so long as you were no more than 50 percent at-fault.
Contact Cameron Law Today
If you plan to take legal action against someone following an assault or battery, it is important that you worked with qualified legal counsel. These cases are often more difficult to win than you might realize at first. For example, the defendant may try and claim the battery was by mutual consent–you voluntarily agreed to fight them–or that they were acting in defense of themselves or another person who felt threatened by you. Never assume that you will be found in the right just because you walked away with a physical injury and the other person did not.
And as previously explained, you do not have to sit back and wait for the police or the district attorney to do something before taking civil action against your attacker. The first action you should take is to speak with a qualified Las Vegas assault lawyer. Contact Cameron Law, PLLC, today to schedule a free initial consultation with our team.