A Maryland assault injury lawyer can assist you when you are injured due to another party intentionally battering you. The first thing to distinguish is a battery versus an assault. Technically, an assault in Maryland is an act by the tortfeasor that creates a reasonable apprehension in you, the plaintiff, of immediate harmful or offensive contact with your person. This means that an assault does not have to involve a contact. Consequently, there is not very high damage in an assault case. When there is physical contact between you and your attacker, it is a battery. Maryland law defines a battery as an act by your attacker that brings about harmful or offensive contact to your person. Whether you are assaulted or battered, the question quickly becomes whether there is a source of recovery.
A Maryland civil assault injury lawyer can sue the person who injured you. However, many individuals do not have sufficient assets to cover a judgment. Thus, we are far better off finding an organization or entity that is negligent for causally allowing your assault injury to occur. Below, we will discuss the common theories of liability we use to attach liability via negligence. In many cases, an entity such as a retail store does not owe you a legal duty just because you were assaulted outside their storefront.
But what if you are attacked inside the store or restaurant? The answer is generally that neither is liable for an assault. However, if they had reason to suspect the attacker would show up and did not take reasonable steps to prevent an attack, then they are liable. As always, it is best to speak with an experienced Maryland assault injury lawyer to discuss your options.
We can recover compensation for your injuries if we can establish civil liability against some entity with sufficient assets to cover a judgment or an active insurance policy. The most common types of assault injuries are detailed below.
These are often the most visible, resulting in cosmetic scarring that can have profound value in your case. If you suffer cuts and lacerations from the battery, they may require medical attention to prevent infection and possibly receive stitches, depending on the severity of the cut. Any medical expense directly related to your assault or battery injury is compensable so long as we establish civil liability on the part of the entity. Bruises and contusions are another prevalent type of assault injury. They can vary in severity and duration, and they may be a sign of an internal issue that needs addressing by a medical professional.
Physical injuries only get more severe as we discuss further. You may suffer broken bones from your assault. These injuries can be particularly severe, requiring immediate medical intervention and potentially leading to long-term disability. If that is the case, your Maryland assault injury lawyer should consider any future medical expenses that may result due to an inability to care for yourself. These come about, too, with head injuries from your assault. For brain injuries, in particular, you may suffer lasting effects that impact your cognitive ability. In severe cases, we must arrange for long-term nursing care. This can be exorbitantly expensive. Thus, it is critical for your attorney to recover maximum compensation and consider the long-term consequences of your injury.
When you are physically attacked and injured, physical injury may not be the only thing you take away from the incident. Our Maryland assault injury lawyers know this as well as anyone, having represented countless victims of assault. It is common to suffer from post-traumatic stress disorder (PTSD) after an assault or battery. This can manifest as flashbacks, severe anxiety, and an inability to sleep or perform at work. Your legal team will work with you to receive counseling from a behavioral therapist to introduce this PTSD into your medical record and help you recover compensation for this harrowing experience. PTSD can result in anxiety, depression, and emotional distress. Any of these symptoms of psychological trauma can result in compensable noneconomic damages in your personal injury case.
Compensation for Maryland assault victims will depend on whether your Maryland assault injury lawyer can establish liability against the entity. In most cases, it is not worth pursuing a claim against the attacker. Most attackers do not have the money to pay for your damages. Moreover, if they get charged criminally, the judge should order restitution from the guilty defendant to you regardless. However, they will only pay if they have money. Instead, your best option is to hire an effective assault injury attorney in Maryland who will prove that the concert venue, hotel, or whatever entity it is is responsible for your injury.
Contacting a Maryland assault injury lawyer is crucial to recover medical expenses, lost wages, and pain and suffering damages for your injuries. Each battery case is different, and whether we can prove that the entity owed you a duty as a foreseeable plaintiff will depend on the facts of your case. Thus, hiring a law firm like Gelb & Gelb, P.C., with the resources to investigate your case and uncover the evidence we need to win at trial, is prudent. We are committed to giving each client personalized attention and the effective advocacy you need to win at the highest levels.
Contact our office today for a free consultation at (202) 331-7227.
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