When we think of personal injury, we often associate it with a car accident, slip and fall incident, and maybe a workplace injury. But for those Pennsylvanians who are victims of assault, a criminal case is not the only suit you can file. In many cases, assault and sexual assault victims may sustain injuries that can have those individuals wondering–can I file a civil suit and make a claim for personal injury?
The answer is yes. By following up the criminal case with a personal injury filing, you may be able to recover financial compensation for the injuries you sustained in the attack.
Assault and Personal Injury Cases
When you have faced an assault and now sustained injuries, you may wonder what you need to prove you have a civil claim against the perpetrator.
To have a claim, you must be able to show negligence against the person who assaulted you as well as the property owner or institution that may have been negligent, and as a result, the assault occurred.
Negligence claims that may be used in an assault claim include:
- Negligent Security
- Dram Shop Liability
- Negligent Hiring
- Negligent Infliction of Distress
Property owners have a duty to protect individuals from harm while on their property. This can be stores, places of worship, institutions, etc. However, when there are flaws within the property, injury can occur leaving those visitors susceptible to injury.
Such forms of negligent security that may lead to assault include:
- Poor lighting
- Failed locks
- Lack of security cameras
- Lack of employee background checks
Claims of negligent security must show the property owner knew/should have known about the danger.
Dram Shop Liability
Dram shop liability is the idea that establishments serving liquor are to be held responsible if they serve an intoxicated person and that person injures another or themselves.
While many people think this is limited to drunk driving, the reality is that it can also be used for fights, assaults, etc. In addition, it is not singularly to be used for bars, as it applies to any establishment that serves alcohol as well as a party host at a private home.
Imagine this, you work for a growing company and your employer adds a new employee to the team. One night, you are working late with the new employee and on your way to your car, this employee attacks you.
You later find out that the employee had a criminal background and a history of violence. Given the industry you work in and the situations you and other coworkers are often in, this employee should not have been hired.
You can sue your employer for negligent hiring that led to the attack.
Negligent Infliction of Distress
Following an assault or attempted assault, you may face long-lasting trauma that will never go away. This can impact daily life, ruin professional goals, and impact your quality of life and relationships.
In these cases, though no physical injury may last, you can likely sue for infliction of distress.
Assault and Personal Injury: Kalinoski Law Offices
While you can file criminal charges against someone who assaults you, you can also press civil charges for a personal injury claim as a result of the attack. These cases can often be difficult for the victim, but necessary to overcome the financial and emotional obstacles you may face.
To see if you have a personal injury claim, contact Attorney Craig Kalinoski today at (570) 207-4000 to schedule a free initial consultation, or submit to our contact form.