Georgia Lawyer Handles Intentionally Inflicted Bodily Injury Cases
Gainesville attorney seeks payment for people harmed in deliberate attacks
When someone intentionally inflicts bodily injury upon you without legal justification, you deserve appropriate compensation for your injuries. At The Brownell Law Office, a skilled, experienced attorney fights for victims of intentionally inflicted bodily injuries, so that they can obtain the compensation they need to address the different types of harm stemming from the incident.
Examples of intentionally inflicted bodily injuries
A person may intentionally inflict bodily injury on another person in a number of ways, such as:
- Physical assault and battery
- Domestic violence
- Bar fights
- Road rage incidents
- Workplace assaults
- Nursing home abuse
- Shootings
Regardless of how you got hurt, our firm is prepared to hold the liable party or parties accountable.
Legal basis for an intentional injury claim in Georgia
An intentional injury, commonly called battery, occurs when someone intentionally makes unwanted physical contact with another person in such a way as to cause bodily harm to that other person. The intentional infliction of an injury can lead to various criminal charges, but even if no prosecution is forthcoming, a victim can still obtain damages in a civil claim, in which they must prove their case by a preponderance of the evidence. A police report on the incident can be useful finding the evidence you need to meet that burden.
Compensation and damages available to Georgia victims
If you sue for an intentionally inflicted bodily injury and win, you might obtain compensation for the following damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
If the injury is fatal, the victim’s survivors may pursue damages in a wrongful death claim. Damages in these cases include reimbursement for funeral expenses and the loss of the decedent’s care, guidance, counseling and consortium. In addition, plaintiffs can receive punitive damages above and beyond compensatory damages if they prove by clear and convincing evidence that the defendant intentionally injured the victim willfully or maliciously. When we represent plaintiffs in these cases, we press for maximum payment through a verdict or settlement.
Proving an intentional injury case
From the start, we gather evidence to prove your case through independent investigation and, once the lawsuit is filed, the legal discovery process. Discovery can include depositions, document requests and interrogatories directed to the defendant. The evidence we present at trial will cover two major aspects of the case. First, we detail the incident that caused the injuries, including the defendant’s intent to cause bodily injury, usually in the form of the testimony of you and other fact witnesses. Second, we present evidence regarding the extent of the damages incurred. If the defendant claims a defense, such as that you started the fight, we will work to rebut it. When warranted, we use doctors and other experts to provide their findings on complex subjects. You can count on a Gainesville personal injury lawyer from our team to present a well-supported argument on your behalf.
Criminal vs. civil charges when an intentional injury occurs
Criminal charges can arise from the same incident as a civil lawsuit for intentional infliction of bodily injury, but there are major differences in how they are handled and what happens. In a criminal case, the elements must be proven beyond a reasonable doubt. This is a much higher standard than in a civil case, so even if the person who injured you is acquitted in criminal court, you can still win your lawsuit for damages against them. If they’re convicted of a crime based on their intentionally injuring you, the conviction can be used to support your case.
Contact a skillful Georgia lawyer for an intentional infliction of bodily injury case
Located in Gainesville, The Brownell Law Office represents Georgia victims in lawsuits seeking compensation for an intentionally inflicted bodily injury. Please call 770-215-0184 or contact us online for a consultation.