Assault cases are serious crimes in Texas. However, the criminal justice system does not provide the same compensation that the civil justice system does. A personal injury lawsuit has the potential to result in compensation. The types of compensation available in a personal injury lawsuit include pain and suffering, lost wages, medical bills, lost enjoyment of life, legal fees, and loss of consortium. If you or a loved one has been the victim of an assault or aggravated assault do not hesitate to call a San Antonio personal injury lawyer at the Major Law Firm. Being assaulted is a major problem and major problems require major solutions.
Under the Texas Penal Code there are three different types of assault. The first type is causing bodily injury to another. The second type is threatening another person with imminent bodily injury. The third type is causing physical contact with another when the another when the actor knows or should reasonably believe the other will regard the contact as offensive or proactive. The physical contact requirement can be satisfied by the invasion of anything closely related to plaintiff’s body. Thus, any contact that causes pain, illness, or Plaintiff’s restraint can be considered offensive.
An assault victim may recover for injuries directly and immediately resulting from an assault, regardless of whether they might have been foreseen. The law also allows victims to recover for injuries that were reasonably foreseeable consequential injuries that resulted from the assault. Recoverable damages from an assault include:
• Medical expenses
• Pain and suffering
• Mental anguish
• Loss of earning capacity
The jury also have the ability to award punitive or exemplary damages if the defendant’s conduct is fraudulent, malicious, or grossly negligent. Punitive damages and exemplary damages are the same thing. The law defines exemplary damages as “any damages awarded as a penalty or by way of punishment but not for compensatory purposes.” Tex. Civ. Prac. & Remedies Code § 41.001 (5). Determining who may be liable for an assault may be difficult. In addition to the individual who actually commits an assault, others may be held liable under the theories of vicarious liability and joint and several liability. Under vicarious liability the law holds one responsible for the conduct of another. Typically, this situation arises in a principal-agent relationship. Joint and several liability means that one party has aided or encourage the assailant in committing the assault. Thus, if someone offers aid or in some way encourages the assault, they can be held liable for the assault. An assault and battery charge may support a cause of action for intentional infliction of emotional distress. It is important to contact the personal injury attorneys at the Major Law Firm to discuss your options and see how much money you may be entitled to. The Major Law Firm can help preserve critical evidence that is important to your case. Consult with The Major Law Firm today. Our attorneys are available 24/7.