Physical assaults in Philadelphia are all too common. When individuals are victimized, they have the right to pursue compensatory damages against the party or parties responsible for their damages.
Being the victim of an assault can be a traumatizing experience for any person. This experience can be even more troublesome when you are injured in an area where you assumed you were safe. Fortunately, if a property owner committed a negligent action that resulted in you being assaulted, they could be liable for your injuries. Similarly, the person who assaulted you can be held accountable in a lawsuit. Filing such claims according to the statute of limitations is crucial for victims in Philadelphia. If you successfully prove that the defendant is to blame for your injuries and losses, you can recover significant compensation.
To schedule a free case assessment to discuss your legal options, contact the Philadelphia lawyers for injuries caused by an assault at The Reiff Law Firm at (215) 709-6940.
Examples of Common Injuries Caused by Assault in Philadelphia
Physical assaults can cause a wide variety of injuries, including some that are life-threatening to victims. If you were physically assaulted in Philadelphia, you can sue the party responsible and recover compensation for your damages.
A physical assault might cause bruising, scratches, lacerations, and even broken bones. If a weapon is used during an assault, such as a gun, bat, broken bottle, or knife, a victim might sustain more serious injuries. Punching or kicking during an assault can cause internal injuries such as bleeding and organ trauma that must be attended to immediately. If a person is physically assaulted, they might sustain traumatic brain injuries during impact with a weapon or the ground. These injuries could be life-threatening and impossible to fully recover from.
A physical assault could also cause a victim to fall from great heights, leading to spinal cord injuries. This might cause paralysis, requiring extensive physical therapy and other costly medical treatment.
If someone assaults you, they can be held directly liable for your damages, regardless of how severe your injuries might be. If you are unsure whether or not you can sue for your injuries, consult with our lawyers for injuries caused by an assault. When filing a lawsuit, it is important to establish your present injuries through medical documentation.
Determining Property Owner Liability for an Assault in Philadelphia
Premises liability is the area of law that deals with a property owner’s legal duties towards people that visit or even trespass on their property. For many businesses, there are several precautions that must be taken to ensure the safety of patrons or customers to their business. When such precautions are not taken and a victim is assaulted, the victim may be able to file a lawsuit against a property owner in Philadelphia.
There are a variety of actions that could be taken when trying to make a property safer against assaults and other violent crimes. For example, if a particular area sees an increase in assaults, the business could and should take precautions that can be taken to combat the incidences of assault. Such precautions might include hiring trained security guards to heavily patrol the area during business hours, installing security cameras and emergency call boxes, and increasing the amount of lighting in problem areas. Failing to provide customers and visitors with increased security to deal with crime areas could make a business liable if a person is attacked while on that property
If a property owner failed to take such precautions, they might be partially liable for your injuries, allowing you to file a negligent security lawsuit, which is a type of premises liability claim. It is not always possible to file negligent security lawsuits in all cases. If a property owner took the necessary precautions and you were still physically assaulted, you might have to sue the assailant directly for your damages.
Similarly, you might be able to hold an institution responsible for an assault. For example, suppose a staff member of a school, hospital, prison, juvenile detention facility, nursing home, or other similar institution assaulted you. In that case, the institution might be liable for your damages in the same way that the individual assailant is.
Statute of Limitations for Assault Injury Lawsuits in Philadelphia
The statute of limitations for assault injury cases is the same as the filing deadline for personal injury lawsuits in Philadelphia. Bringing your claim before the deadline is important to recover the compensatory damages you deserve from an assailant.
In Philadelphia, victims of physical assault have just two years to sue for injury. If you were assaulted as a minor, the statute of limitations will be tolled until you turn 18. If you were sexually assaulted as an adult, the filing deadline is also two years. Those sexually assaulted as children generally have much longer to sue for compensation in Philadelphia. The statute of limitations for negligent security claims because of physical assault is also two years.
If an assailant is also facing criminal charges for an assault against you, the statute of limitations may be tolled until the criminal matter is settled in Philadelphia. Even if an assailant is being charged with a crime related to your assault, filing a lawsuit is still important. A criminal case will not result in compensatory damages for a victim in the same way that civil litigation will.
The filing deadlines for these cases are strict. If you do not bring your claim before the statute of limitations is up, you will be unable to sue for injuries caused by a physical assault.
Evidence Used in Assault Injury Cases in Philadelphia
To recover compensatory damages in your claim in Philadelphia, you must prove that a defendant physically assaulted you. To do this, you will need to submit evidence.
In assault injury claims, police reports can be crucial evidence. While not admissible in other states, opinions and conclusions made in police reports are admissible as evidence in Pennsylvania. This is why calling law enforcement and documenting your assault in a police report is paramount.
Your medical records will also be important evidence in your compensation claim. Medical records can show the severity of your injuries and help connect them to a defendant’s actions. Continue to seek medical attention as necessary for your injuries. If you do not do this, you might unintentionally hurt the success of your claim.
Eyewitness statements also tend to helpful in assault injury claims. An eyewitness can help place a defendant at the scene of an incident and corroborate a victim’s telling of events. Similarly, surveillance camera footage can show an assault as it occurred. Our lawyers for injuries caused by an assault can obtain such footage by making an informal request or subpoenaing it, if necessary. Other evidence, such as photographs and physical evidence from the scene, can help to prove a defendant’s fault for your injuries in Philadelphia. Similar evidence can be used in negligent security lawsuits as well.
Compensation for Assault Injury Victims in Philadelphia
When you file an assault injury claim in Philadelphia, you have the opportunity to recover economic, non-economic, and possibly punitive damages.
Economic damages will compensate you for your financial losses due to an assault. This includes compensation for medical bills, lost wages, and any other out-of-pocket expenses you have incurred.
Non-economic damages can compensate you for the pain and suffering you have endured because of an assault. Physical assaults can be traumatizing for victims and may lead to a variety of mental and emotional difficulties that require compensation.
Punitive damages might be available in negligent security lawsuits or claims against institutions. These damages are used to punish defendants for gross negligence in Philadelphia.
Unless in cases against medical professionals and government agencies, Pennsylvania has no cap on punitive damages. There are also no limits on economic or non-economic damages for assault victims.
If You or a Family Member Was Injured as the Result of an Assault in Philadelphia, Call Our Lawyers
To schedule a free and confidential case evaluation with our lawyers for injuries caused by an assault, contact The Reiff Law Firm at (215) 709-6940.
