Assault

Assault differs from other types of personal injury in that there is a definite person at fault. It is no accident when a person is assaulted. The malicious actions of another should never cause a person physical harm.

Physical assault is defined as any violent physical act between two or more individuals. This broad definition allows for many actions to be classified as assault. For example; hitting, kicking, pushing, biting, spitting, or even a simple one finger poke can be considered a physical assault in some cases. Physical assault is the most common violent crime in the United States with almost 5 million occurrences annually.

There are two different levels of physical assault in the eyes of the law depending on the nature of the act:

• Simple Assault - Simple assault accounts for the large majority of all assault cases with over 4.5 million incidents per year. An assault is considered simple when the end result is not intended to be life threatening and no weapon is involved.

• Aggravated Assault - Aggravated assault, on the other hand is defined as “an unlawful attack on another person for the purpose of causing severe physical injury”. An assault with a weapon will often be considered aggravated assault. It is estimated that 64% of all violent crime in the United States is aggravated assault, adding up to almost a million incidents annually.

SEXUAL ASSAULT

Sexual assault is any unwanted physical contact that is sexual in nature. Under this definition, sexual assault can include non-consensual touching or more serious violations like non-consensual sexual activity, rape, aggravated rape, attempted rape, incest, child molestation, or any other unwanted sexual act which occurs by force, coercion, or the under duress. Acts of voyeurism, exhibitionism, and sexual harassment may also be considered sexual assault. Sexual assault can be committed by a stranger, but more often it is perpetrated by an acquaintance or someone the victim knows.

Just as the victim of any crime is not to blame for the violations against them, so the victim of sexual assault is not to blame for the violations against her. The victims of sexual assault often deal with a tumultuous mix of emotional, psychological, physical and legal consequences after a sexual assault. In addition to being a crime, sexual assault is also an intimate invasion into one’s personhood. The consequences of sexual assault are often exasperated when the victim knows her assailant. Regardless of the relationship, however, sexual assault is a criminal act against an innocent victim.

Sexual assault knows not the boundaries of gender, age, race, or ability, though statistics indicate that women are more commonly assaulted than men. One in four women will be the victim of sexual assault in their lifetimes. One in seven women will be raped in college, 90 percent of which will know their assailant. Rape, a common form of sexual assault, is non-consensual (forced or manipulated) sexual activity whereby a person’s sexuality is used as a weapon against them. The physical uses of force or verbalized threats are not required for an act to be considered sexual assault. If a victim is under duress, manipulated, drugged, under the legal age of consent, or unable to make a cognitive decision, any subsequent sexual activity that occurs is considered sexual assault. Consent to sexual activities must be clear; it is not implied by relationship or circumstance.

After a sexual assault occurs, it is vital that the victim get to a safe place and contact a trusted person or an anonymous sexual assault crisis hotline. Though difficult, a victim should seek medical attention before changing clothes, washing, or treating any injuries. This medical exam can provide important information which can protect you later. The victims of sexual assault also have the option of filing a police report under their name or anonymously. Filing an anonymous report can help prevent that assailant from committing acts of sexual assault. If you do include your name on the report, you may still decide whether or not you wish to press charges against your assailant.

The victim of sexual assault has the legal right to press criminal and civil charges against the offender!

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If you have been the victim of a physical assault, your assailant could be legally responsible for your injuries. You can get a FREE consultation with a Top Physical Assault Personal Injury Attorney in your area who can offer sound legal help and assistance with Wrongful Death, Malpractice, Negligence, Auto Accidents, Slip & Falls, Airplane Crashes, Patient Neglect, Pharmaceutical Claims, Produce Liability, Class Actions, and all Personal Injury claims.

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Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.