Can the victim of assault sue for damages?

UPDATED: Oct 1, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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