No matter how hard you try, there’s always a possibility of getting into a physical altercation. When a fight breaks out, the chances of someone getting hurt increase dramatically, and injuries can range from minor bruises and black eyes to more serious brain injuries.
If you’ve been through such a situation, you might be wondering if you can actually sue for the injuries you’ve sustained from the fight. Well, there are a couple of things to consider to know whether a physical confrontation allows you to sue:
Lawsuits Regardless of Criminal Charges
When someone gets hurt due to someone else’s intentional, negligent, or careless behavior, they may be eligible to seek compensation for their damages through a personal injury case. Even if no criminal charges have been brought against the responsible party, the injured person may still be able to pursue a civil suit to get the compensation they deserve.
Things to Consider Before Pursuing a Lawsuit for Fighting Injuries
However, even if criminal charges aren’t required for lawsuits to happen, not all injuries are worth suing for. Let’s talk about the factors you must consider before attempting to pursue a lawsuit over fighting injuries:
The Individual Responsible for Your Injuries
When you find yourself in a physical altercation with someone, it can be difficult to figure out who is responsible for the harm that you have suffered.
The Seriousness of Your Injuries
It may not be wise to pursue legal action if your injuries did not warrant medical attention or cause any other harm, such as lost income. It may be more prudent to simply accept the situation and move on simply because the costs of a lawsuit may outweigh any rewards you may get.
The Individual Who Started the Confrontation
If you start a fight, it may be difficult to get compensation in court if the other person can prove that they were defending themselves.
The Evidence You Have
To successfully recover damages for any injury sustained during a fight, you must demonstrate that the other person (or people) involved was responsible for causing the injury. This can be done by gathering evidence such as witness statements or video footage of the altercation.
Injuries can be caused by a person’s intentional or reckless behavior. Intentional torts are when a person purposely does something to cause harm to another person, such as assault, battery, trespass, and false imprisonment. These acts are done with the intention of causing harm and are considered legal wrongdoings.
Assault and Battery
Assault is an action that occurs when someone attempts to cause harm to another person or makes them feel threatened or in imminent danger. Meanwhile, battery is a different type of offense that requires physical contact and usually occurs when someone touches another person in a harmful or offensive way without their consent. While the two are often mentioned together, they are two distinct offenses that can happen separately.
That being said, to be considered an assault or battery, a person must intend to do the act that causes the harm. This means that a person must intend to either touch someone else without their consent (in the case of a battery) or to threaten them with physical harm (in the case of an assault). It does not matter whether the person actually intended to cause harm, just that they intended to do the act that caused the harm.
Battery in Special Circumstances
In certain circumstances, a person can be held liable for battery if they touch another person without their permission. This could include medical procedures that are not an emergency, physical contact during sports, or physical contact during a domestic violence situation. In each case, the person responsible for the contact must not have obtained the consent of the other person before making contact. If the contact was made without consent, the person responsible could be held liable for battery.
Assault in Torts and Personal Injury Law
When it comes to torts and personal injury law, the term ‘assault’ is used to refer to an attempt or threat of violence rather than actual violence. This may come as a surprise to many people, as it is not the common understanding of the word ‘assault.’ However, in legal terms, an assault can refer to a threat of violence, such as brandishing a weapon at someone without making contact.
In a civil case, a victim of an assault can take legal action to seek compensation (damages) for the harm they have suffered. This includes both physical and mental damage. A judge or jury will determine if the assault occurred and, if so, will decide how much money should be paid to the victim as a form of compensation for their injuries.
So, as you can see, the world of lawsuits and fighting injuries can be cloudy and complex sometimes, and it might not even be worth pursuing. As such, if you are really interested in obtaining the compensation you deserve for your fighting injuries, we always recommend reaching out to a personal injury lawyer for assistance. They’re well-versed in the area and can help you go through the process efficiently and successfully, obtaining the compensation that you deserve.
AK Law Firm offers a team of professional personal injury lawyers that are committed to helping individuals get the compensation they deserve, offering a no-win-no-charge guarantee. If you are looking for personal injury attorneys in Houston to help with your lawsuit, work with us today!