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Filing a Personal Injury Lawsuit for Assault

Compensation2

A Maryland high school student was shot by two of his classmates in the school parking lot recently, as reported by The74Million. He was taken to the hospital with two gunshot wounds to the chest, is currently in stable condition as of this writing, and police believe that robbery may have been the motive behind the shootings. Two suspects have been charged with attempted first degree murder. While most personal injury cases involve accidental injuries caused by human error or negligence, victims and their family members can seek financial compensation in cases of assault, battery, homicide, and other types of criminal actions that cause physical and/or emotional harm.

What if the Offender Was Never Charged or Escaped a Conviction?

One of the most challenging aspects of a typical personal injury case, such as that of a traffic collision, is proving negligence. How did the crash occur and who is responsible for causing it? This is not always the most difficult part of an assault or battery personal injury claim, as the at-fault party may have already been charged with the crime. However, in many cases it is possible to successfully win a personal injury lawsuit even if the other party was not charged with a crime or was not convicted. In many cases of spousal abuse, no charges are filed, and when charges are filed, convictions can be rare. According to a study done by Psychology Today, only one in four cases of domestic violence is reported to the police, only one in five of reported abuses were investigated by police (police dismissed the others), and only three in five of those investigated by police led to arrests. For those that were arrested, only one in three end up with charges filed against them. Of those that get charged, only half are convicted. In the end, only a fraction of domestic violence perpetrators are convicted and less than two percent spend any time in jail.

How Severe Are Your Damages?

Damages sustained in a violent attack can range from bruises to death. Often, the emotional or psychological damages that the victim experiences are equally damaging or more damaging than the physical injuries. Typical injuries that victims of assault and battery suffer include the following:

  • Bruising and lacerations;
  • Stab wounds or gunshot wounds;
  • Broken bones;
  • Damaged ligaments;
  • Emotional trauma such as post-traumatic stress disorder (PTSD);
  • Whiplash; and
  • Traumatic brain injuries.

Depending on your injuries, you may file a lawsuit that seeks damages for medical costs, pain and suffering, lost wages, lost earning capacity, loss of joy of life, and more. If the attack resulted in the death of a loved one, you may sue for loss of consortium, loss of a financial provider, funeral and burial costs, as well as pain and suffering and medical costs.

Call Maryland Personal Injury Attorney Tara K. Frame Today 

If you or a loved one were injured due to battery, assault, attempted murder, or homicide, one aspect of justice being served is knowing that the responsible party is held criminally responsible. Another is being made financially whole for the traumatic incident. Get started today by calling the Pasadena attorneys of Frame & Frame.

Resources:

the74million.org/1-maryland-student-injured-in-school-parking-lot-shooting-at-least-6-killed-and-26-injured-at-schools-this-year/

psychologytoday.com/blog/the-web-violence/201410/guess-how-many-domestic-violence-offenders-go-jail

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