Battery & Abuse
“Salina’s Premier Injury Law Firm”
WE have helped our clients recover verdicts or settlements for many intentional torts including assault and battery, rape, abuse, bullying and murder. Yes we handle these civil claims for monetary damages. We help you recover from the harm, recover financially and fight back.
Here is some information:
What Is Assault and Battery?
Battery is any non-consensual, physical contact with another person, such as being hit or stabbed. This victim has not agreed to the physical contact. Assault is an attempt at a battery. The victim of an assault may not have been physically harmed, but there was a threat of harm.
How Do I Prove that I was Battered?
To prove you were battered, it must be shown that the battery was “intentional.” This means that the person meant to strike or hurt you..
Who Is a Victim of Assault and How is It Defined?
Victims of assaults are individuals who have been assaulted in their home, at school, or at work by another person. Victims are usually assaulted when they are actually placed in fear of being hurt, injured, or even killed by another individual. Assault cases are often determined by whether the threatened harm was “imminent.” This is the difference between someone about to hit you now versus someone who says they will hit you tomorrow.
The fear of an assault must also be “reasonable.” This means that if you were threatened with a water gun and you knew it was a water gun it is probably not “reasonable” for you to fear it.
Criminal vs. Civil Court
If you are a victim of assault or battery, your case may be heard in both criminal and civil court.
We handle civil assault, battery, rape bullying and murder claims. We sometimes serve as advocates in criminal court, where hearing includes Crime Victims funds or restitution.
Recovering Damages as a Victim of Assault and Battery
Most assaults and batteries involve individual people who do not have insurance or sufficient assets to pay for the victim’s injuries.
Sometimes assets or insurance exists.
In helping our clients, we have made legitimate and successful claims for:
- inadequate security
- improper hiring
- negligent retention
- inadequate training
If the person who committed the assault and battery against you does have assets, or anyone responsible for them has assets, you may be able to recover for your damages, including: medical expenses loss of your wages, pain and loss of function. Sometimes we sue the nursing home, hospital, employer, restaurant or bar for acts of its employees; or state institutions where rape and abuse has occuerred.
Are You a Victim of Assault and Battery?
If you or a loved one have been injured by an assault and battery, you should speak to a good lawyer immediately. A lawyer will be able to explain the value of your case and help you work through through the complicated legal process.
These cases are handled typically on a contingent fee basis
We win! Or no fee. Free and confidential consultations are available.
When someone is assaulted or injured by another, the perpetrator is liable for the resulting injuries. If the perpetrator is charged in criminal court then typically there is a way for the victim to be compensated for some medical bills through the Kansas Victim’s Compensation Fund (the “Fund”). The Fund, although a great resource, will not fully compensate you for your injuries and is capped at $25,000. Most notable the Fund does not compensate persons for pain, suffering, physical impairment, or loss of enjoyment of life resulting from the injuries. .
Furthermore, if you receive moneys from the Fund and settle a later civil suit, you will have to pay back any money you received from the Fund. Under many circumstances it is better to just proceed with a civil suit and ignore the Fund, but don’t make this decision without first speaking to an attorney or you may lose out on any opportunities of compensation for your injuries.
If the perpetrator owns a home, has renter’s insurance or lives with someone who has these types of insurance policies, insurance coverage may be available to cover the financial losses you suffered. Thus, even though the perpetrator may appear to have no resources to pay for your losses, resources may still be available. If there is coverage, you need to be very thoughtful about what you state in the criminal case, to ensure that you don’t say something that is contorted to remove you from insurance coverage.
If you have been the victim of abuse or battery, please give us a call so we can consult with you on your options.