There is no average personal injury settlement for assault and battery injuries. Personal injury settlements differ on a case-by-case basis, and the amount you receive may vary depending on:
- How serious your injuries are, including how long it will take you to recover from them (if you can)
- How serious the attack was
- Whether you can also seek punitive damages
How Serious Are Your Assault and Battery Injuries?
In general, your personal injury settlement for assault and battery injuries may be larger when your health is seriously or permanently impaired. Severe injuries that might result in higher payouts include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Injuries involving the loss or removal of a limb or organ
- The loss or partial loss of a sense, such as hearing or sight
You can still seek compensation for “lesser” injuries, like broken bones or lacerations. Even within these categories, there are variations: for example, a clean break that heals completely may be worth less than a compound fracture that leaves you with scars or a limited range of motion.
You must also account for any psychological effects of the assault and battery. For example, if you developed anxiety or PTSD because of the event, or if a preexisting mental illness got worse, you could be entitled to additional money.
After a Fatal Assault and Battery
In cases where the victim does not survive the attack, their loved ones may be able to file a lawsuit on their behalf. The legal process for wrongful death cases follows the same general rules as personal injury cases, with a few exceptions:
- You may be eligible for different types of compensation.
- You may be able to collect more in total compensation since the victim’s injuries were so severe.
- You may be barred from collecting certain types of compensation if the victim filed their own lawsuit before their passing.
- You can only sue if you were the deceased’s “heir” or “personal representative,” as defined in NRS § 41.085.
How Serious Was the Assault and Battery?
Your personal injury settlement for assault and battery injuries will also depend on the severity of the crime committed against you.
Both assault and battery are always serious, regardless of the details or injuries involved. No one should ever attack another person without provocation. In the eyes of the law, however, attacks are considered more or less serious depending on the incident’s details.
- Assault is the act of attempting or threatening to physically harm someone. No attack needs to be carried out for someone to assault you. Battery, by definition, does involve a completed physical assault.
- If a deadly weapon, such as a gun or knife, was used in the attack, this is a more serious crime than if no weapon was used.
- Attacking certain types of people, such as firefighters or healthcare workers, while they are doing their jobs is a more serious crime than attacking people in other fields or someone who is off-duty.
- Attacks that result in “substantial bodily harm” are worse than those that don’t.
If your assault and battery case involves special circumstances like those listed above, you might be able to get more compensation than you would otherwise.
Trying to understand all of Nevada’s complex assault and battery laws can be overwhelming. A personal injury attorney can help you with your case and determine which laws apply to your situation.
Can I Seek Punitive Damages for Assault and Battery?
Punitive damages are sometimes awarded to assault and battery survivors. They are one of three types of damages you could win:
- Economic damages: the financial losses you’ve sustained or expect to sustain
- Non-economic damages: the physical and mental harm you’ve suffered or expect to suffer
- Punitive damages: if the assailant deliberately and without good reason intended to hurt you
Punitive damages are the rarest of the three types of compensation. It is up to you (and your lawyer) to provide very strong evidence that the attacker intended to harm you. If you meet this threshold, you can pursue punitive damages.
As with any other type of compensation, your Las Vegas personal injury lawyer can help you calculate how much to seek in punitive damages if they feel you have a good chance of receiving such compensation.
Proving You Deserve an Assault and Battery Settlement
The available evidence is another factor that will decide what your personal injury settlement for assault and battery injuries is. In an average case, an attorney can strengthen your request for damages by:
- Visiting the scene of the accident to get an idea of where everyone was at the time and identify environmental factors that could’ve contributed to the event
- Reviewing the police report and using it to confirm crucial details, including the identities of witnesses they can speak with
- Reviewing your medical records to confirm the nature of your injuries and which treatments they require, both now and in the future
- Hiring experts, such as vocational rehabilitation specialists, to give their opinion on why you deserve damages
- Reviewing any case-related materials you have collected, such as photos or bills
Evidence is vital when seeking a personal injury settlement. Even if you were permanently injured in the attack, you need to prove that fact to the insurance company and, if necessary, a jury.
Call our Las Vegas Personal Injury Lawyers After an Assault and Battery
At De Castroverde Law Group, We understand how traumatizing it is to be attacked, and how difficult it can be to recover from assault and battery injuries. To find out what personal injury settlement you can pursue, Contact us today for a free consultation. We are not concerned with “average” settlement amounts. All we want is to get you what you deserve.