If I was beaten a year ago, can I press charges and sue this year?

UPDATED: Jan 12, 2012

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If I was beaten a year ago, can I press charges and sue this year?

Asked on January 12, 2012 under Personal Injury, Virginia


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

Answered 11 years ago | Contributor

The criminal case is separate from the civil case.  The civil case is the lawsuit.  The statute of limitations which varies from state to state will determine whether or not it is too late to press charges and/or file a lawsuit.

Your lawsuit would be for assault and battery.  Assault is intentionally placing one in reasonable apprehension of an immediate battery.  Assault does not require any physical contact.  Battery is the harmful and offensive touching of the person of another without consent or privilege.  Battery is the actual physical contact.

Your damages (the amount you are seeking to recover in your lawsuit) would include your medical bills, pain and suffering and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.

You can claim punitive damages for intentional, malicious acts to punish the wrongdoer.  Punitive damages are a substantial amount.

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 AttorneyPages.com 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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