How to Recover Damages as a Victim of an Assault

If you are the victim of an assault, then you may be entitled to repayment for the injuries you have suffered. While criminal charges may punish the perpetrator, civil charges can help you obtain financial compensation from your assailant. There are a number of factors involved if you wish to do so.

Instructions

Difficulty: Moderately Challenging

1. Hire a lawyer. In order to receive damages, you will most likely have to file a civil case against your assailant. A good attorney will tell you how best to proceed.
2. Determine whether a civil case is proper in your circumstances. Civil suits are often necessary to recover damages, and you want to make sure that you have a good case.
3. File charges, as instructed by your lawyer. This may require a great deal of paperwork, and you must adhere to a proper procedure. Your attorney can help you with the process and make sure that everything is filed correctly.
4. Follow up with your attorney on the state of the case. A defendant may wish to settle out of court, or you may need to go to trial in order to recover damages. Keep in touch with your lawyer and make sure you understand how he is proceeding.
5. Prepare to make your case in court. If you need to go to trial, you may be asked to take the stand and to provide evidence in support of your charges.
6. Follow up to make sure you receive what you are owed. Whether the defendant agrees to pay damages or is ordered to do so by the court, you should establish a payment schedule and know exactly when your recovered damages are due.

Tips & Warnings

• Some defendants simply don't have the money to pay, and are often referred to as "judgment proof." While you may receive moral restitution in court, the chances of actually seeing any money are minimal in such cases. You should consider that possibility before seeking damages.
• In cases where it is simply your word against the defendant's, the issue often boils down to one of credibility. If the members of the jury think you are more credible than the defendant, they will likely side with you. Otherwise, they may side with your assailant. Keep this in mind when preparing your case.
• Do not approach the defendant without your lawyer present and do not allow him to contact you except through your attorney. This is especially true in assault cases, where your safety may be at stake. If he is not sending you the money you are entitled to, contact your lawyer and have her resolve the situation.