Yes, if you are a victim of assault in Maryland, you absolutely have the right to sue the perpetrator for damages in a civil lawsuit. This legal action allows you to seek financial compensation for the harm and losses you suffered due to the assault.
Understanding Civil Assault in Maryland
In Maryland's civil legal context, assault generally refers to an intentional act that causes another person to reasonably fear immediate harmful or offensive contact. It's about the threat or the apprehension of imminent harm, rather than necessarily the physical contact itself.
Assault vs. Battery: A Key Distinction
It's important to understand the difference between assault and battery, as they often occur together and are sometimes used interchangeably in common language, but have distinct legal definitions in a civil context:
- Assault: Involves an intentional act that places another person in reasonable apprehension of an immediate harmful or offensive contact. This can include a credible threat to inflict harm or an attempt to do so, even if no physical contact occurs.
- Battery: This is similar to assault but specifically involves the actual striking, hitting, or offensive physical contact with the victim. Battery occurs when unwanted physical contact is made.
Often, an act that results in battery will also include an assault. For instance, if someone swings a fist at you (assault, because of the apprehension of contact) and then connects (battery).
Why Sue for Assault? (Civil vs. Criminal Cases)
When an assault occurs, there are typically two separate legal avenues that can be pursued:
- Criminal Case: This is initiated by the state (the prosecutor) to punish the offender for violating criminal laws. The focus is on public safety and justice, with potential outcomes like fines, imprisonment, or probation for the perpetrator.
- Civil Lawsuit: This is filed by the victim (the plaintiff) against the perpetrator (the defendant) to seek compensation for their injuries and losses. The focus is on making the victim "whole" again through monetary damages.
It's crucial to understand that a civil lawsuit can proceed independently of a criminal case. Even if criminal charges are not filed, or if the perpetrator is acquitted in a criminal trial, you can still pursue a civil claim for damages. The burden of proof is lower in a civil case (preponderance of the evidence) compared to a criminal case (beyond a reasonable doubt).
Here's a comparison:
| Feature | Civil Assault Lawsuit | Criminal Assault Charges |
|---|---|---|
| Purpose | Compensate victim for damages | Punish offender for crime |
| Filed By | Victim (Plaintiff) | State (Prosecutor) |
| Burden of Proof | Preponderance of the evidence | Beyond a reasonable doubt |
| Outcome | Monetary damages, injunctions | Fines, imprisonment, probation |
| Focus | Individual harm and recovery | Public safety and and deterrence |
Types of Damages You Can Recover
In a civil lawsuit for assault and/or battery, you can seek various types of damages to cover the losses and suffering you've endured. These may include:
- Economic Damages:
- Medical Expenses: Costs for hospital visits, doctor's appointments, medication, therapy, rehabilitation, and future medical care related to the assault.
- Lost Wages: Income lost due to time off work for recovery, as well as future earning capacity if the injuries are long-term.
- Property Damage: Costs to repair or replace any personal property damaged during the assault.
- Non-Economic Damages:
- Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by the assault.
- Emotional Trauma: Damages for conditions like anxiety, depression, PTSD, or other psychological impacts.
- Loss of Enjoyment of Life: Compensation for the diminished ability to participate in activities and hobbies due to injuries.
- Punitive Damages: In some cases, if the perpetrator's actions were particularly malicious, reckless, or egregious, the court may award punitive damages. These are not intended to compensate the victim but to punish the defendant and deter similar conduct in the future.
Steps to Take if You've Been Assaulted in Maryland
If you or someone you know has been a victim of assault in Maryland, consider taking the following crucial steps to protect your rights and build a potential civil case:
- Prioritize Your Safety and Seek Immediate Medical Attention: Your health and safety are paramount. Even if injuries don't seem severe, some may only become apparent later. A medical record provides crucial documentation.
- Report the Incident to Law Enforcement: File a police report as soon as possible. This creates an official record of the event, which is vital for both potential criminal charges and your civil claim.
- Document Everything:
- Take photos or videos of your injuries, the scene, and any damaged property.
- Keep a detailed journal of the events, your physical and emotional symptoms, and how the assault has impacted your daily life.
- Gather contact information for any witnesses.
- Keep all medical bills, receipts, and records of lost income.
- Preserve Evidence: Do not discard clothing or other items that might contain forensic evidence.
- Consult with a Maryland Attorney: An experienced personal injury attorney specializing in assault and battery cases can assess the strength of your claim, guide you through the complex legal process, negotiate with the perpetrator or their insurance company (if applicable), and represent you in court. They can help you understand the specific laws and deadlines that apply in Maryland. For more information on Maryland's legal system, you can visit the Maryland Judiciary website.
Seeking legal counsel promptly after an assault is critical to ensuring your rights are protected and that you receive the compensation you deserve.
