It is a fundamental legal principle that no one is entitled to assault another. Assault includes actual physical harm being caused to the person as also threatened assault and intent to cause bodily harm.

Defences to a claim based on assault could be provocation, justifiable cause – such as restraining a man from beating his wife and self defence.

Whenever physical violence is used against another in response to a threat, the violence used in self-defence should be reasonable in relation to the threat.

As is always the case in every claim, proof of the assault is important as the Defendant will usually deny the assault or allege that the harm to the claimant was caused by the Defendant acting in self-defence.

Further, it is pointless suing a poor Defendant as even in the event of a successful judgment the Defendant will have neither the assets nor the income to satisfy the judgment.

For this reason the client should make extensive enquiries concerning the assets and income of the assailant and the Attorney will do likewise before advising the client to proceed with the claim.

The categories of damages which may be claimed flowing from an assault are set out below:

1. Damages flowing from the contumelia – the insult to one’s sense of dignity – this becomes aggravated is an assault is accompanied by verbal insults and occurs in the presence of persons who are acquainted with the victim;
2. Past hospital and medical expenses;
3. Future hospital and amedical expenses;
4. Future loss of earnings;
5. General damages.

Assault claim attorney

Have you been the victim of an assault?  If you have, you are entitled to claim from the assailant.   There are however a number of important things to consider before you lodge your claim, and you should engage the services of a professional assault claim attorney to make sure that you have a valid case.   If you want to ensure your best chances of winning your assault or physical violence case, you will need to engage the services of a professional attorney with experience in winning assault claim cases.  Let Bobroff’s professional and efficient attorneys handle your claim.

 

If you would like to get Ronald Bobroff & Partners Inc to assistance you with any Physical Violence Claims or Assault Claims  contact us or call us on 011 880-6781 or on our 24hour toll free number 0860 100 184.