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

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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

Answers:

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

Answered 9 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.


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