What To Do After Assault And Battery
If you have been the victim of assault and/or battery, you should know that you have the right to file a personal injury case against the person who harmed you. This case, if won or settled, can help you to recover costs related to your pain and suffering, lost wages, and to any surgeries, hospital stays, or other medical attention needed as a result of the incident. There are some tips you should follow for a smooth personal injury case in this situation.
See a Doctor
As soon as possible after the assault and battery incident occurs, you need to see a medical doctor. Make sure the doctor fully documents any injuries you have obtained as a result of the incident. The doctor can also recommend potential treatments and alert you to their cost at this time.
Keep the report from the doctor for your records. If necessary, your lawyer can use it in court as proof of the extent of your injuries and as proof of the cost of recovering from those injuries.
Consider Consent
One thing to discuss with your lawyer or potential lawyer is the murky area of "consent." Many cases of this type are lost on the grounds of consent. This happens when the defendant claims that the plaintiff knew there was the possibility of injury by engaging in a certain activity or being in a certain place and is therefore responsible for the injuries that took place.
If it can be proven that the plaintiff knew the risks of doing something, such as playing a sport, for example, and still took part in the activity, he or she does not typically have a legal leg to stand on. So, make sure you discuss this area and how it applies or (hopefully) does not apply to you and your situation.
The Self-Defense Defense
Another reason that personal injury cases are commonly lost is because the defendant claims that he or she was acting in self-defense. If it can be proven that the attacker had reason to feel he or she was in danger and acted accordingly, then a personal injury case cannot hold up in court. In fact, in some instances, the defendant may even counter-sue.
If you think the other party involved in the case may try to use this tactic, discuss the possibility with your lawyer.
As long as you follow these tips, ensure that you have a skilled personal injury lawyer in Greenville, NC, and communicate with that lawyer openly and honestly, there's no reason your case can't be a successful one.
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