Can I file a personal injury claim for malicious, intentionally-inflicted injuries?

Claims for intentional injuries in GAYes. If you were the victim of assault or battery in Georgia, the person who intentionally caused your injuries could face criminal charges and harsh penalties such as fines, jail or prison time, and other restrictions if convicted. 

However, while a criminal prosecution and conviction may satisfy the state that justice was served in your case, the criminal justice process doesn't cover your medical treatment, wages lost
while out of work recovering from your injuries,
or other expenses related to your attack.

For a chance at collecting compensation for these and other damages, you'll need to file a personal injury lawsuit in civil court. Here's what you should know.

Georgia criminal and civil cases have different standards of proof. While most people are familiar with the “beyond a reasonable doubt” standard used in criminal cases, the standard for civil cases is the less stringent “by the preponderance of the evidence”—although you'll still have to prove the defendant owed you a duty of care and breached that duty, which led to your assault or battery, and caused your injuries and other losses.

If your attacker was charged or convicted in criminal court, it can lend credence to your personal injury claim. A skilled injury lawyer will thoroughly investigate your case and gather the necessary evidence and documentation to recover compensation for a wide range of economic and non-economic damages, including, but not limited to:

  • Medical treatment expenses
  • Lost wages
  • Loss of earning potential
  • Physical pain and suffering
  • Psychological trauma
  • Scarring or disfigurement

As the victim of an assault or battery, you may also receive punitive damages. Rarely awarded, these damages punish the defendant for behavior deemed particularly egregious.

Take Advantage of a Free Consultation

Not sure which types of damages may apply in your case? We can help. Contact Rechtman & Spevak today to schedule an appointment for a complimentary, no-obligation initial consultation with a member of our experienced team of Atlanta personal injury attorneys. Don't wait—the law restricts how long you have to file a claim.