Atlanta Assault Injury Attorneys
Civil Assault Lawyers in the Metro Atlanta Area
In Georgia, property owners and managers have a duty to maintain safe premises and warn visitors of potential hazards. Apartment complexes, gas stations, shopping centers, and other public spaces are all common sites for aggression and violence, putting the safety and well-being of innocent civilians at risk. If you or a loved one was harmed in an assault or other violent act in Atlanta, our assault injury lawyers at DGL Attorneys At Law can help you pursue justice and compensation for medical expenses, lost wages, and other losses.
Our litigators have forged a proven track record of results in the Metro Atlanta Area. With over 70 years of combined experience, our award-winning attorneys have the diverse skills and knowledge required to thoroughly investigate your case and hold negligent property owners accountable. We can work tirelessly to recover maximum compensation on your behalf while providing compassionate counsel throughout the legal process, giving you peace of mind that your rights are protected in and out of the courtroom.
If you or a loved one suffered harm during an assault, our experienced attorneys can help you pursue fair compensation. Contact us online to discuss your case.
What Is a Civil Assault Injury Claim?
Under Georgia Code § 51-1-14, “any violent injury or illegal attempt to commit a physical injury upon a person is a tort for which damages may be recovered.” In other words, if you suffered physical or emotional harm as a result of attempted or actual violence, you may be eligible for compensation by filing a civil assault claim. An assault injury lawsuit can be brought against any entity that caused or contributed to the assault, including property owners and managers who failed to provide adequate security measures.
To succeed in an assault injury claim in Georgia, the plaintiff must prove several key elements to establish that the defendant is liable for the assault. These elements include:
- Intentional Act: The plaintiff must demonstrate that the defendant acted intentionally. In an assault claim, it is necessary to show that the defendant's actions were deliberate and not accidental. This means proving that the defendant intended to cause apprehension of harmful or offensive contact.
- Reasonable Apprehension of Imminent Harm: The plaintiff must prove that they had a reasonable apprehension or fear of imminent harmful or offensive contact. It is not necessary for physical contact to occur; it is enough to show that the defendant's actions made the plaintiff fear that such contact was about to happen.
- Causation: There must be a direct link between the defendant's intentional act and the plaintiff's apprehension of imminent harm. The plaintiff must demonstrate that their fear was a direct result of the defendant's actions.
- Damages: The plaintiff must show that they suffered damages as a result of the assault. These damages can be physical, emotional, or psychological. Common damages in assault injury claims include medical expenses, pain and suffering, emotional distress, lost wages, and other related costs.
Civil Assault vs. Criminal Assault Claims
In a civil assault claim, plaintiffs can recover compensation for medical expenses, lost wages, pain and suffering, and other damages related to their injuries. Unlike criminal charges, which are pursued by the state and can result in fines or incarceration for the perpetrator, a civil assault claim is a private lawsuit between the victim and the responsible party. This means that even if criminal charges aren’t filed or result in an acquittal, you may still be eligible to pursue justice through an assault injury claim.
Common Types of Evidence in an Assault Injury Claim
When pursuing an assault civil claim, the plaintiff must gather substantial evidence to support their case. Common types of evidence required include:
- Witness Testimony: Statements from individuals who witnessed the assault can provide firsthand accounts of the incident. These testimonies can corroborate the plaintiff's version of events and establish the defendant's actions and intent.
- Medical Records: Documentation of any injuries sustained during the assault is crucial. Medical records, including doctor’s notes, hospital records, and photographs of injuries, help demonstrate the physical harm caused by the assault.
- Police Reports: If the assault was reported to the police, the police report can serve as valuable evidence. It typically contains details of the incident, statements from involved parties, and any observations made by the responding officers.
- Surveillance Footage: Video evidence from security cameras or personal recordings can provide an objective view of the assault. This footage can capture the events as they unfolded and help identify the perpetrator.
- Expert Testimony: Experts such as medical professionals, forensic analysts, or psychologists may provide testimony to explain the extent of the injuries, the impact on the victim’s mental health, or other technical aspects of the case.
- Photographic Evidence: Photos of the scene where the assault occurred, the injuries sustained, or any damage resulting from the incident can visually support the plaintiff's claims.
- Communication Records: Emails, text messages, or other forms of communication between the plaintiff and the defendant can sometimes provide context or evidence of intent, threats, or admissions of guilt.
- Personal Accounts: The plaintiff’s detailed account of the incident, including a written statement and any journal entries made around the time of the assault, can help establish the sequence of events and the emotional impact.
- Character Evidence: Testimonies about the defendant’s behavior or history of violence can sometimes be admissible to establish a pattern of conduct, depending on jurisdictional rules of evidence.
- Physical Evidence: Any tangible items related to the assault, such as weapons used, torn clothing, or other objects found at the scene, can help substantiate the plaintiff's claims.
Collecting and presenting this evidence effectively can strengthen the plaintiff’s case and increase the likelihood of a successful assault civil claim.
Common Assault Injury Claims We Handle
Assault can happen anywhere at any time. If you suffered harm due to the negligence of a property owner or business owner in the Metro Atlanta Area, securing experienced representation is essential to recover damages. Our firm is familiar with the frustration that comes with an unexpected injury, which is why we’re committed to alleviating stress during the recovery process by representing your best interests in court.
Our skilled litigators have over a decade of experience representing victims in a wide range of assault claims, including:
- Assaults in apartments
- Assaults in hotels
- Assaults in parking lots
- Bar assaults
- Gun violence
- Robberies
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Record-Setting $77.5M Verdict Medical Malpractice Case
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$31M Verdict for Negligent Security Case
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$25M Medical Malpractice Settlement
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$23M Product Liability Settlement - Tire Tread Separation
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$16.5M Verdict for Product Liability Wrongful Death Case
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$11M Negligent Security Settlement
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$10M Settlement in Trucking Case
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$9.2M Truck and Motorcycle Vehicle Accident
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$8.5M Settlement for Negligent Security in Shopping Center
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$8.5M Settlement for a Commercial Truck Accident
Is Physical Contact Required to Recover Damages in a Civil Assault Claim?
No, physical contact isn’t required to recover damages in an assault injury claim. Under state law, any illegal attempt to commit a physical injury constitutes assault. While plaintiffs must prove they suffered “actual harm” (damages) as a result of the act, this isn’t specifically limited to physical harm (economic damages), but also extends to psychological distress, pain and suffering, loss of enjoyment of life, loss of consortium, and other non-economic damages.
What Is Georgia’s Statute of Limitations for Civil Assault?
In Georgia, the statute of limitations for filing a civil assault claim is two years from the date of the incident. It’s crucial to seek swift counsel as soon as possible after an assault to protect your rights and ensure your claim is filed correctly, completely, and within the appropriate deadline.
At DGL Attorneys At Law, we can examine your case with a practiced legal eye to help you navigate the legal complexities of your case. From gathering evidence to arranging expert testimonies, our attorneys are well-versed in personal injury law to accurately calculate recoverable damages in your case while preventing insurers from taking advantage of you with lowballed settlements.
Hear From Our Clients
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Friendly and understanding, will work for you!- Jhonathan R.
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They were very helpful. Cindy was friendly and always communicated what was going on with my case.- Noelia M.
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Tony Delcampo is definitely the best lawyer to have on your side.- Andrea F.
Representing the Wrongfully Injured
At DGL Attorneys At Law, our firm is dedicated to protecting the wrongfully injured after life-altering negligence. From medical malpractice to catastrophic injuries, our top-rated advocates are seasoned litigators who never shy away from a fight. Our trial lawyers can help you pursue a fair settlement by providing personalized representation tailored to your unique circumstances. From filing a claim to negotiations with insurance companies to maximizing available damages, we can fight to ensure you’re compensated fairly while guiding your legal steps with care.
No one deserves to pay the price for someone else’s negligence. Our firm can help you demand the justice you deserve. Call (770) 404-8239 to schedule a free consultation.