Assault is a criminal act in Pennsylvania. The attacker could also face a civil case for damages caused by an intentional tort. Other responsible parties may also be sued for damages. An experienced Carbondale assault injury lawyer can help you file a personal injury lawsuit to recover damages.
Since 2008, our Carbondale personal injury lawyers at Marzzacco Niven & Associates have fought for the rights of injured parties. Our attorneys have over 120 years of combined experience representing clients. We have recovered millions for our clients in life-changing jury verdicts and settlements. Our success record has earned us membership in the Multi-Million Dollar Advocates Forum.
If you were injured because of an assault, call Marzzacco Niven & Associates at (717) 995-8810 for a free consultation with an attorney.
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How Our Carbondale Personal Injury Lawyers Can Help You With an Assault Injury Claim in Pennsylvania
The criminal justice system prosecutes individuals charged with assault. They could face criminal penalties, including jail time and fines if found guilty. Even though it may be satisfying to see your attacker go to jail, it does not help you with the financial losses you incur because of an assault injury.
At Marzzacco Niven & Associates, we help assault victims file personal injury claims seeking compensation for damages. When you hire our top-rated Carbondale personal injury attorneys, you can trust we will:
- Follow the criminal investigation by law enforcement agencies
- Conduct an independent investigation to identify all parties who may be responsible for your damages
- Gather evidence proving your case, including working with expert witnesses when needed
- Calculate how much your assault injury claim is worth after documenting and assessing your damages
- Aggressively negotiate with insurance companies and liable parties for fair settlements
- File a lawsuit and argue your case at trial if settlement is not possible
Assault injury claims are complex personal injury cases. You want an experienced legal team representing you. Our lawyers at Marzzacco Niven & Associates have been recognized as Super Lawyers Rising Stars, National Trial Lawyers Top 40 Under 40, Super Lawyers, and Best Lawyers of America.
Call Marzzacco Niven & Associates to schedule a free case evaluation with an attorney to learn more about assault injury claims in Carbondale, PA.
Overview of Assault Laws in Pennsylvania
Generally, Pennsylvania law defines assault as an attempt to harm someone. Assault charges may be filed even if the person is not injured. The attempt to harm someone can result in assault charges. Assault charges may also be filed when a person knowingly, deliberately, and recklessly causes someone to be injured.
The punishment for a conviction depends on the charge and the circumstances. Assault may be charged as a misdemeanor or a felony. For felony assault, a person could serve decades in prison.
A civil case against the attacker and third parties is separate from a criminal case. Even if the attacker is never charged or convicted, you can file a civil case for damages.
We Handle All Types of Assault Injury Cases in Carbondale, PA
Our assault injury lawyers at Marzzacco Niven & Associates have experience handling different types of assault cases. We can help you with a claim involving:
- Simple assault
- Aggravated assault
- Domestic violence
- Robberies and muggings
- Bullying and assault on college campuses
- Assaults in schools
- Child abuse
- Police brutality
- Rape and sexual assault
- Fights in bars, at sporting events, and all other locations
If you are assaulted, call 911 to report the assault and request police and medical assistance. Always seek prompt medical attention after an assault. Documenting your injuries is essential for a personal injury claim.
How Do I Prove Liability for Damages in an Assault Injury Case in Pennsylvania?
Your attacker can be held liable for damages under Pennsylvania intentional tort laws. You must prove that the attacker caused your injury by intentionally attacking and assaulting you. Even if a person innocently shoves you without intending to cause physical harm, they could be liable because they intended to shove you.
However, you could also have a third-party claim under Pennsylvania premises liability laws. A property owner or other party responsible for the property has a duty of care to take reasonable steps to prevent attacks from occurring on the property. A property owner could be liable for damages if:
- The property owner could reasonably foresee a crime could occur;
- They failed to take reasonable steps to prevent crimes from occurring on the property, and,
- You were injured because of a crime committed on the property.
The measures a property owner must take depend on the facts and circumstances of the case. For example, a bar owner in a neighborhood with a high crime rate may need to hire more security than an office building in a safer part of town. Examples of security measures a business owner may be required to take include:
- Installing metal detectors
- Locking fences and gates
- Installing deadbolts
- Using surveillance cameras to monitor the property
- Hiring security guards
- Training employees to detect violent behavior
- Installing alarms
Our skilled injury lawyers at Marzzacco Niven & Associates handle all assaults on private, business, and public properties. We pursue all claims until we exhaust all sources of compensation for your damages.
Assault Can Cause Severe Injuries and Trauma
An assault can cause catastrophic injuries and overwhelming emotional harm. At Marzzacco Niven & Associates, our attorneys represent clients who sustained assault injuries including, but not limited to:
- Traumatic brain injury
- Internal organ damage
- Neck injuries
- Spinal cord injuries and paralysis
- Concussions and skull fractures
- Internal bleeding
- Back injury
- Fractured and broken bones
- Amputations and loss of limbs
- Facial injuries
- Scarring and disfigurement
- Nerve damage and soft tissue injuries
An assault victim may also suffer from severe emotional distress that causes post-traumatic stress disorder (PTSD) and other psychological conditions. Prompt medical treatment and follow-up care are essential.
When an assault victim dies from their injuries, the family members can sue for wrongful death. A wrongful death case can compensate the family for the losses they incur because of the premature death of their loved one.
What Damages Are Available for Assault Injury Cases in Carbondale, PA?
No amount of money will undo the terrible wrong that has been done to you. However, damages are the only remedy the civil court can offer for assault victims.
You can seek compensation for your economic and non-economic damages, including:
- The cost of medical treatment and care, including mental health treatment
- Loss of income, benefits, wages, and earning capacity
- Mental anguish and emotional distress
- Scarring and disfigurement
- Diminished quality of life
- Loss of consortium
- Out-of-pocket expenses
- Long-term personal and/or nursing care
- Impairments and disability
- Loss of enjoyment of life
- Pain and suffering
- Rehabilitative therapies and treatment
Because assault is an intentional tort, the jury may award punitive damages to punish the attacker for their wrongdoing. You will receive punitive damages in addition to compensatory damages for your losses and harm.
How Much Is My Carbondale Assault Injury Claim Worth?
Many factors impact how much an assault injury claim is worth. Examples of factors that could affect how much you receive for your claim include:
- The circumstances of the assault, such as whether the offender used a weapon or bound you
- The type and severity of your injuries
- The length of your recovery period
- The medical treatment required for your injuries
- How the assault and your injuries impact your daily activities and quality of life
- The amount of your lost wages, medical bills, and other expenses and monetary losses
- Your pain and suffering
- Whether you can return to work
- Impairments or disabilities caused by the assault injuries
- The parties involved in the case
Our attorneys analyze all factors in your case to determine how they impact the value of damages. We use these factors to calculate the maximum value of your damages.
Be suspicious of settlement offers from insurance companies or property owners. The offer may be significantly lower than the value of your damages. Talk with our attorneys before accepting a settlement offer to ensure the amount offered is the correct value of your claim.
What Is the Statute of Limitations for Filing Assault Injury Claims in Pennsylvania?
Your time to file a lawsuit for an assault injury is limited by the Pennsylvania statute of limitations. Most lawsuits must be filed within two years of the attack. You may have longer if the criminal case is ongoing, but assuming you have more than two years without speaking to an attorney is risky. Missing the filing deadline for a lawsuit could mean losing your right to pursue a case in civil court.
The best way to protect your rights is to discuss your case with a lawyer as soon as possible. Building a case takes time, and delays in seeking legal advice could make it more difficult to win.
Schedule a Free Consultation With our Carbondale Assault Injury Attorneys
We understand you have been through a traumatic experience. Recalling the experience may be difficult. Our lawyers are compassionate, skilled attorneys who advocate for your rights. Call Marzzacco Niven & Associates to learn more about how we can help you with an assault injury case.