Can the victim of assault sue for damages?
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Can the victim of assault sue for damages?
The defendant pled guilty to the assault charge and the domestic charge was dropped. There is video of the assault and a picture of the bruised jaw afterword. The assault took place in front of 2 small children. Can the victim sue for damages to them and the children?
Asked on June 4, 2019 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The victim can sue the defendant for assault and battery. Battery is the physical contact.
The victim can seek compensation for the medical bills, pain and suffering, which is an amount in addition to the medical bills, and wage loss. The victim can also seek punitive damages which are a substantial amount to punish the intentional wrongful acts of the defendant.
The small children who witnessed the assault and battery
may each have claims for intentional infliction of emotional distress. Medical reports and medical bills from a psychologist or psychiatrist will provide evidence of those claims. You will need to be appointed guardian ad litem to file a lawsuit on behalf of the children for intentional infliction of emotional distress because they are minors.
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