New Jersey recognizes assault as one of a small number of intentional torts that can form the basis of a personal injury lawsuit. Even if a prosecutor decides not to pursue an assault conviction, a victim who suffers injuries can still sue someone for assault. They can recover damages in a civil case where the standard for recovery is less strict than in criminal prosecution.
The personal injury lawyers at Kantrowitz, Goldhamer & Graifman, P. C. help injured assault victims in Bergen County and elsewhere in New Jersey recover compensation for damages they have suffered in a civil assault.
There are many circumstances under which you can sue someone for assault in New Jersey
You will have a cause of action to sue another party for assault under New Jersey law if that party commits an intentional act to harm you or make you afraid that you will be harmed. As a result, you have an immediate reasonable fear that you will be hurt. Another party may be liable for civil assault even if there has been no physical contact between you and that party. A civil assault cause of action might be viable, for example, where:
- Someone lunges at you with a knife or points a firearm at you
- Law enforcement personnel exceed a reasonable level of force and take threatening actions against you without having good cause to do so
- Medical personnel perform unauthorized procedures or conduct physical examinations that exceed the boundaries of what is necessary
- Your safety is threatened at a rental property where the landlord has failed to take reasonable safety precautions despite awareness of threats
- Motorists intentionally drive their vehicles in ways that intentionally threaten to run into a pedestrian or a bicyclist
- Someone threatens or ridicules you due to your race, religious beliefs, or sexual or gender orientation.
Consult with our knowledgeable and experienced personal injury lawyers to assess your right and opportunity to sue someone who has threatened you for assault in New Jersey.
You may be able to recover both economic and non-economic damages for civil assault
If the preponderance of the evidence shows that you have a valid assault claim, you may have an opportunity to recover economic damages, as well as non-economic injuries such as pain and suffering and emotional distress. Both classes of damages are intended to make you whole after you have been an assault victim.
In a few situations that reflect extreme or egregious conduct by a third party, you might also have a valid claim for punitive damages. This class of damages is not a function of the injuries you suffered but is a penalty imposed on that third party to deter similar future conduct.
Consult with a personal injury lawyer if you believe you have been a victim of civil assault
Even if you have a strong case to sue someone for civil assault in New Jersey, your opportunity to recover damages directly from that person might be limited. They may not have the resources to pay those damages. Regardless, a personal injury lawyer can help you determine if you can recover damages for assault from their employer. For example, in cases where extreme actions by law enforcement have been endorsed or encouraged by the municipality that employs them.
To give you the best chance to recover the compensation you deserve, consult with a New Jersey personal injury attorney as soon as is possible after you feel you have been a victim of civil assault.
Call us for more Information about suing someone for assault
If you believe you have been the victim of an assault in Bergen County or anywhere else in New Jersey, you should not suffer in silence. Call us at Kantrowitz, Goldhamer, & Graifman, P. C. for information about your opportunity to file a lawsuit for assault. We will provide a private and confidential evaluation of your case, explain all of your options, and aggressively represent you in your New Jersey civil assault lawsuit.