A victim of a deliberate assault has the same rights as a victim of negligence: to recover compensation from the wrongdoer for economic and noneconomic losses, including medical bills, lost earnings, and pain and suffering. However, there are important differences to be aware of.
First, a person who commits assault faces criminal and civil liability. The good news is, if the accused is convicted of assault in criminal court, liability for the injuries in civil court is virtually assured. And, even if the accused is not convicted, there is still a chance he can be found liable for the injuries. This is because the criminal court applies a higher burden of proof (beyond a reasonable doubt) than the civil court (by a preponderance of the evidence).
The bad news is, a person cannot insure himself against the deliberate acts he commits, so the assaulter would have to pay for civil damages out of his personal assets. Of course, this would only happen after the assaulter had paid for legal defense in two trials, which could seriously deplete his resources. Unless the assaulter has significant assets, such as a home, savings, or a business, the victim may not be able to collect on the civil court judgment.
However, the fact that the assault occurred at work provides some relief. If the victim was engaged in job-related activity, the injury from the assault could qualify for workers’ compensation. The victim would be covered for 100 percent of all reasonable and necessary medical treatment, plus wage replacement. There may also be circumstances that allow for a lawsuit for negligence in hiring or retaining an employee who committed assault. In most cases, workers’ compensation law shields employers from liability for negligence, but if there was evidence of extreme recklessness creating the situation that resulted in the assault, the assault victim might be able to sue the employer. This would allow recovery for all losses, including pain and suffering.
Finally, if the assaulter was a subcontractor and did not have a coworker relationship with the victim, the victim might be able to file a third-party lawsuit against the assaulter’s employer. Again, the victim could recover all losses, including pain and suffering.
Victims of assault deserve the chance to be made whole. Seigel Law is ready to assist in Bergen County or anywhere in New Jersey. Contact us online or call 201.444.4000 today for a free case evaluation.
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By Teresa R Perez - January, 2018
I have had a great experience thus far. The personal injury process is stressful and they have been helpful and courteous in getting me the right referrals. I was injured while visiting NJ and live in another state, my case is not an easy one but they are working diligently to help. I appreciate the personalized attention and highly recommend this firm.Read More
By Miriam Smith-Leone - December, 2017
The law office was great with my back and neck injury. They directed me to the right doctors and got me a huge settlement. Being a single mom, it help pay off all my debt and bills. Me and my kids can have a bill free christmas, with plenty of food and happiness, stress free. They are the best ever and I would highly recommend them to anyone rich or poor, who has been in an accident and need legal help...Read More
By L C - October, 2017
After the misfortune of suffering an injury, I had the good fortune to choose Seigel Law to represent me. During my initial meeting with Jan Seigel, I found him to be extremely confident and reassuring---he totally put me at ease. I was represented by Mark Mc Bratney---an EXCELLENT attorney. He was supportive and professional through the entire process, and provided an excellent outcome for my case.Read More
By Liliana Paredes - October, 2017
Honest, trustworthy and very straight forward. In unvarnished truth Jonas Siegel will tell you exactly where you stand and what direction you should go. Jonas has tenacity coupled with a degree of tenderness, but never losing site of the end goal, which is to protect, defend and have the best outcome for his clients. I defenetly recoment this law firm. Thanks for helping me out in my case.Read More
By Oren Goldshmidt - September, 2017
I'd like to thank everyone at segal law for the amazing experience they provided me. From the moment I stepped in to the end of the case , segal and his team delivered exactly what they promised. I couldn't have received any better treatment from a law firm. Any concerns, questions or problems I had were addressed and dealt with accordingly...Read More
"The lawyers at Seigel Law know how to get you the results you want. Jan Seigel and His team returned every one of my phone calls, listened to me and worked with me to a desirable outcome. Seigel Law definitely goes above and beyond to protect the injured." - B.M.
"After my car accident, my life turned into a disaster. Dealing with everything became impossible. Jan Seigel and his people helped me with every aspect of my injuries and the insurance companies so I could focus on healing. They helped me through everything and they got me what I was due." - M.P.
"I found the personnel to be very efficient, and work very quickly. I'm happy that I was referred to this firm, because I found that I was very comfortable working with them." - F.V.
"Amazing. I have to say they were very supportive and were able to give me tons of information. I didn't feel rushed and felt they truly cared about my well-being. Their website is also extremely helpful and well setup." - T.D.