What You Need to Know About Suing Someone for Assault in Georgia
After an assault happens, victims can find solace in suing for compensation. Here is everything you need to know about suing someone for assault in Georgia.
Although assault cases occur in criminal court, victims can sue someone for assault in civil court. Suing another party for assault can allow victims to receive compensation for damages. When suing someone for assault in Georgia, it is vital to consider what type of assault occurred, what type compensation victims can sue for, and what the statute of limitations are for suing someone for assault in Georgia.
What is Assault?
Victims can sue for financial compensation in civil courts if the action of another causes bodily injury or harm. Although the definition of assault varies across jurisdictions, the definition of an assault crime is “intentionally putting another person in reasonable apprehension of an imminent harmful or offenses contact.” In Georgia, the definition of assault depends on whether the assault is simple or aggravated.
Related: Aggravated Assault in Georgia: Penalties and Defenses
Aggravated Assault Versus Simple Assault
Aggravated versus simple assault is the first thing to consider before suing another party for assault in Georgia. Georgia Code defines aggravated and simple assault differently. The main difference between a simple assault charge and an aggravated assault charge is the weight of the crime.
Aggravated Assault
Georgia Code of Laws Section 16-5-21 allows victims to sue another party for aggravated assault. If an assailant commits assault with the intent to murder, rape, or rob the victim, the act is aggravated assault. If an assailant commits assault with a deadly weapon, the act is aggravated assault.
Simple Assault
Georgia Code of Laws Section 16-5-20 allows victims to sue another party for simple assault. If an assailant commits assault that results in injury of another person, the act is simple assault. If an assailant commits an which places another individual in ways of injury, the act is simple assault.
Proving Elements of Assault
Understanding which type of assault occurred can help victims sue for the correct amount of compensation. In order to receive full compensation when suing for assault, it is important to prove elements of assault occurred.
Elements of assault include:
- Intentionality: Victims must be able to prove the defendant intentionally acted to inflict bodily injury
- Relational Harm: Victims must be able to reasonably prove the defendant’s actions caused the injuries
Types of Damages
Suing someone for assault in civil court can win compensation for any damages sustained as a result of the assault.
There are 3 types of damages that victims can receive compensation for:
Economic Damages
Economic damages reimburse individuals for any costs or expenses that were lost as a result of the assault. For example, any medical bills victims incur are economic damages that defendants may be liable to repay.
Related: Sexual Assault on College Campuses
Non-Economic Damages
Non-economic damages include compensation for pain and suffering. This can include emotional distress, loss of enjoyment of life, and diminished life quality.
Punitive Damages
Punitive damages award victims with financial compensation in addition to economic and non-economic damages. Punitive damages serve as punishments for the defendant if and when the judge decides the crime was especially harmful.
Statute of Limitations for Assault Cases in Georgia
Section 9-3-33 of Georgia Code sets the statute of limitations for assault cases at 2 years, meaning victims have up to 2 years after the day of the assault to file an assault case in court. After the 2 year time period passes, courts will likely dismiss any motions to recover compensation for victims.
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If you or a loved one would like to learn more about Sue Someone for Assault Georgia, get your free consultation with one of our Criminal Defense Attorneys in Georgia today!