What is a Civil Claim for Battery?
A lot of people are familiar with the concept of recovering money for injury. The most common example of this we see is if someone is in a car accident, gets injured, and then receives a settlement or judgment to pay for medical bills, lost wages and pain and suffering. While auto injury is a large portion of what we do here at Murphy & Associates, this post is about a different type of event – intentional harms.
Many people are harmed based on the intentional conduct of someone else. This could be a punch with a fist, a stab with a knife, a hit with a blunt object, a gunshot wound. Any of these type injuries could be obtained accidentally or intentionally. When an injury is received from intentional conduct the injured person has rights under the law to recover their damages, just like they do in a car accident case. However, most people do not have insurance for intentional acts. Any insurance to cover these type of injuries usually comes through homeowner’s insurance. Homeowners insurance usually covers claims against any of the household family members even if what they did wrong did not happen on the property. The difficult thing about insurance policies though is that there are sometimes exclusions for intentional acts. This usually leaves the injured person with no practical means of recovery. This is why it is important to contact a lawyer who has handled intentional tort cases. A few examples of cases that we have handled may be helpful.
1. Sexual Assault by a medical professional: Murphy & Associates has represented victims of sexual assault in claims against medical providers. Victims can be male or female, but often we see sexual assault cases perpetrated by males against female victims. We have successfully represented female victims of sexual assault and helped them navigate the legal challenges that victims face going through the court system.
2. Gunshot wounds and death: Murphy & Associates has represented many gunshot victims who have been seriously injured or died when they were shot with a gun. While both males and females can be gunshot victims, most of the cases we see involve young men who are shot either intentionally or accidentally. Many of these cases have criminal charges for one or more parties. This often requires knowing how to work to navigate the criminal system either as a defendant or victim as well as pursue claims for negligence, battery and wrongful death.
3. Domestic Abuse: The attorneys of Murphy & Associates have represented victims of domestic abuse in civil court. Domestic abuse, as with all intentional torts, is very sad, but domestic abuse especially troubling because it can affect family relationships and the most vulnerable members of our society. Many of these cases also have criminal charges associated. In larger areas of Kentucky such as Louisville, these cases are handled by a special group of prosecutors in a dedicated domestic violence unit. Helping the victims of domestic abuse also requires being able to be a victims’ advocate and helping victims understand the criminal process as well as the civil process.
4. Sexual Assault, Abuse, Rape: The attorneys of Murphy & Associates have represented the victims of Sexual Assault, Abuse and Rape in civil court. These cases can arise from a variety of circumstances. These cases involve sexual acts perpetrated upon someone who is not a consenting party. This can be crimes perpetrated by violence and force. Or crimes perpetrated upon someone who cannot legally consent, whether or not violence or force are part of the crime. Persons who are incarcerated, underage, mentally handicapped, or impaired are unable to consent legally and many acts of Sexual Assault, Abuse and Rape can occur in a school, jail, or care setting. Depending on the situation, such acts may constitute a violation of specific state and federal laws in addition to also being a battery under the common law.
5. Police Brutality and False Arrest: If police arrest you without probable cause to support the arrest, you may have a civil claim for false arrest or for malicious prosecution. If the police use more force than reasonable or necessary to arrest you, a civil claim for police brutality may be possible. Murphy & Associates has helped dozens of citizens fight back against police misconduct, and has recovered six figure settlements in some cases. If you or someone you know has been the victim of police brutality or false arrest, call us today.
There are a wide variety of other intentional acts for which a victim may need representation. If you believe you may be the victim of an intentional act which has harmed you, it is important to speak with any attorney quickly to determine your legal rights. In Kentucky, the statute of limitations for most intentional acts is one (1) year. This seemingly clear amount of time can be calculated in different ways, so it is important not to wait, but to speak with an attorney right away.
About Murphy & Associates
Murphy & Associates is made up of a team of experienced and professional attorneys. We will seek justice by your side every step of the way. As one of our clients, you can expect trustworthiness, loyalty and guidance throughout the entirety of us working together. Contact us today by giving us a call for a free case evaluation.