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Assault and battery are criminal offenses, but the justice system isn’t the only way for victims to achieve justice. If you’ve been subjected to threats or actual injuries due to someone else’s malicious actions, an attorney can help you collect compensation for your losses. Even if the prosecutor refuses to file charges or cannot secure a conviction, you might be able to prevail in civil court.

What Are Assault & Battery?

Each state defines assault and battery somewhat differently, and some use a single term for both. In many jurisdictions, issuing threats that cause someone else to fear imminent physical harm is considered assault. Missouri law, however, expands this definition to include any action that causes harm to someone else, including acts of extreme negligence and touching another in an unwelcome manner. In other states, actually touching or hurting someone else is known as battery.

How Can Civil Suits Achieve Justice?

attorneyTo secure a conviction, prosecutors must present evidence that proves the defendant’s guilt beyond a reasonable doubt. The standards in civil court are much more lenient, which means you can achieve a positive outcome even if the state can’t build a strong criminal case. To collect damages in civil court, your attorney only has to show through a preponderance of the evidence that the defendant is liable for your losses.

What Types of Compensation Are Available in a Civil Suit?

In a civil assault suit, you might demand compensation for any medical expenses related to the attack, including the cost of any future treatment. Your claim could also include wages lost during your recovery or work missed for doctor’s appointments, as well as intangible damages, such as pain and suffering. Depending on the circumstances, your attorney may also pursue punitive damages, which are intended to punish the liable party.

 

If you’ve been the victim of an assault, The Law Office of Christopher J. Swatosh has the experience and resources to help recover the damages you deserve. With offices in Ava and Ozark, MO, they provide aggressive representation and reliable results to victims. To schedule a consultation with an attorney, call (417) 683-2987 for their Ava office or (417) 582-5297 for their Ozark location.

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