Can I Recover Compensation for Injuries Caused By Assault and Battery?

 Posted on April 23, 2021 in Personal Injury

Many people are aware of the ability to recover compensation for damages related to car accident injuries, whether through insurance or a personal injury claim against the negligent party. However, you may be unsure of what to do if you are injured because of someone’s intentional actions, such as assault or battery. Is it enough to press criminal charges, or should you also file a civil claim for compensation? An experienced attorney can help you answer that question and determine the best course of action.

Restitution vs. Compensatory Damages in Michigan

In Michigan, assault and battery are both criminal offenses. Assault is defined as threatening or attempting to cause bodily harm to another person, while battery is defined as intentionally causing bodily harm. If a person is convicted of assault or battery committed against you, the court may order them to pay you restitution for your medical care and rehabilitation, lost income, and other costs related to the injuries you have suffered.

However, even if you decide to press criminal charges against the person who caused your injuries, there is no guarantee that they will be convicted, which means there is no guarantee of restitution, either. For this reason, it is often a good idea to file a civil personal injury claim whether or not there are pending criminal charges. A personal injury lawsuit may help you recover compensation more quickly, and a successful settlement or verdict ensures that you receive compensation even if the person is not convicted. However, keep in mind that a criminal court will not award restitution for damages that you have already been compensated for in a civil case, or vice versa.

Filing a Personal Injury Claim for Assault and Battery

The process of filing a personal injury claim related to assault or battery is different from most personal injury cases in Michigan. While the typical statute of limitations for an injury claim is three years from the date of the injury, it is only two years in an assault or battery case. This means that if you want to file a claim, you need to act quickly.

There are a few exceptions to this two-year statute of limitations, however. If you were injured due to assault or battery from your spouse or former spouse, your child’s other parent, a member of your household, or a current or former romantic partner, the statute of limitations is extended to five years from the date of your injuries. If you were injured due to a criminal sex act committed against you, you have up to 10 years from the date of the injuries to file a claim.

Contact a Grand Rapids Personal Injury Attorney

Being the victim of assault or battery can be an extremely traumatic experience, and Attorney John D. Tallman will treat you with the compassion you deserve while he helps you recover compensation for your damages. For a free consultation, contact our Grand Rapids, MI personal injury lawyer today by calling 616-361-8850.

Sources:

http://www.legislature.mi.gov/(S(i4pnuqwmk1k0nzekebwu3mei))/mileg.aspx?page=getObject&objectName=mcl-780-766

http://www.legislature.mi.gov/(S(mbgfqnc0oirpbpfms3pwfect))/mileg.aspx?page=getObject&objectName=mcl-600-5805