The media has been quick to highlight a spike in violent aggravated assaults and other criminal attacks in Atlanta between 2019 and 2021, and there is some validity behind these claims. If you unwillingly became a part of this statistic over the past few years, then you know first-hand how devastating it is to be a victim of violent crime.
Just because you were attacked doesn’t mean that you have to cope with your losses on your own, though.
An Atlanta assault lawyer can help you determine if you have any legal options for financial recovery. In many situations, it might be possible to pursue compensation from a negligent property owner or another party by filing a personal injury claim.
Learn more about criminal assaults in Atlanta, the many losses associated with them, and how seeking out a legal claim could potentially help you recover financially from some of your losses below.
An Overview of Serious Criminal Assaults in Atlanta
An Atlanta assault lawyer can handle a variety of criminal assaults and attacks. Under the law in Georgia, serious criminal assaults range in both severity and seriousness. In recent months, Atlanta’s police departments have done their best to crack down on violent crime, which is helping to make the city safer. That being said, every type of physical assault is being taken extremely seriously in the state right now.
What is an Assault Lawyer for Injured Individuals?
When you survive a serious criminal assault, you might think the threat has passed, but you may soon start to experience additional losses and grief as a result of the attack. An assault lawyer for injured individuals can help survivors unpack all of these losses, value them, and then pursue compensation for them when a legal claim for compensation exists.
An assault lawyer for injured individuals leverages laws, like premises liability laws in Georgia, to find avenues for survivors to get financial compensation for their losses. Damages that are recoverable include expenses like medical bills, lost wages, pain and suffering, and more.
In general, it’s appropriate to contact an assault lawyer when you’ve experienced a serious criminal assault in Georgia, your losses are stacking up, and you believe someone else’s negligence contributed to the incident.
Types of Serious Assaults
One of the most basic elements you need to prove is that a serious assault occurred that led to your losses. Georgia’s laws define several types of serious assaults that are criminalized. From unwanted physical contact to sexual assault, many of these criminal behaviors can give rise to a legal claim for compensation.
Below, we’ll go over some of the most basic types of serious assaults that might lead to a personal injury negligent security claim.
When you receive a violent injury from physical contact with another person, that’s considered assault in Georgia. It’s a crime to cause a physical injury to someone else. Any time that you experience a physical injury, you’re also likely to experience other losses, as well. For instance, your injuries might stop you from being able to work for a period of time, or they could leave you facing substantial future medical bills.
Aggravated assault occurs when a person commits a simple assault with the intent to murder, rape, or rob, with a deadly weapon, or with any object which could be used for strangulation. This person must also have acted without any legal justification. If you’ve experienced this type of crime, then it’s best to hire an Atlanta aggravated assault lawyer ASAP.
These types of attacks often result in more substantial injuries, emotional scars, and losses. An Atlanta aggravated assault attorney can help you unpack what happened, what you’ve lost, and how to move forward.
Under Georgia law, a person can be found guilty of committing simple assault with they have attempted to commit a violent injury to someone else or they carry through with committing an act which places another person in reasonable apprehension of receiving a violent injury. In order for reasonable apprehension to exist, there must be both threatening words and an action that leads the person to believe they’re in harm’s way.
A physical injury does not have to be sustained in order for an attack to be considered a simple assault.
In Georgia, sexual assault is defined as any type of sexual action committed against a person against their will. Sexual assault includes acts of violence as well as attempted acts of sexual violence. These types of serious assaults lead to not only physical wounds but emotional scars, too.
Under the law in Georgia, a person will be considered guilty of committing battery when they intentionally cause substantial harm or visible bodily harm to someone else. Battery can result in substantial physical injuries, monetary losses, and emotional damage.
Criminal Consequences of Serious Assaults
When you’ve survived a serious criminal assault, it might make the most sense to contact the police about what happened. The authorities will help you seek criminal justice for the attack. Depending on the severity of the attack and the evidence police can secure, the perpetrator behind your attack could get sentenced to jail time.
The criminal consequences of serious assaults vary based on the severity of the crime, the extent of your injuries as a survivor, and the evidence secured against the culprit. Some assaults are considered felonies, which carry life-long consequences, while others may only be considered misdemeanors.
Civil Liability After a Serious Assault
Seeking out criminal justice will help punish the perpetrator, but it won’t do much for you as a survivor. It can’t change what happened, and the criminal justice system doesn’t provide any recourse for the losses you might suffer after the ordeal.
Depending on the circumstances of your attack, an Atlanta assault lawyer may be able to determine whether any civil liability issues may exist in your situation. If your attack occurred on someone else’s property and it could’ve been prevented if reasonable security measures were in place, then it might be possible to seek out a negligent security claim against the property owner. A successful claim can help you recover from the expenses associated with any medical bills, lost wages, therapy, and more.
What is Negligent Security?
Negligent security claims arise when property owners fail to uphold their duty to provide for the care and safety of individuals who are on their premises. In general, property owners have an obligation to take reasonable steps to ensure the safety of guests.
If a crime is foreseeable or a property owner should reasonably know about a safety concern, then the property owner should act. A failure to take reasonable steps to correct the safety issue could amount to negligence and legal liability in court.
If you think the property owner could’ve done more to protect you from the crime you experienced, then an Atlanta assault attorney can help you unpack whether negligent security was a factor.
Potentially Liable Parties
When you speak with an Atlanta assault lawyer about what happened, they’ll attempt to identify the potentially liable parties. For one, the perpetrator of the attack is the most legally liable. You are always able to seek out a civil personal injury claim against someone who commits a crime against you and causes you to experience financial loss.
The problem is that most criminals don’t have the financial resources to help you. When that’s an issue, then you can look to other potentially liable parties. For instance, a work place assault attorney in Atlanta, GA may see that your employer should’ve done more to protect you after you got hurt by a customer at work. An attorney might also see that an apartment complex owner could’ve had better security in place to prevent an attack. In these situations, a claim can be sought against the employer or property owner.
Common Losses After a Serious Assault
A serious assault can lead to extensive losses depending on the severity of the injury. Some of the most common losses experienced after an assault include:
- Medical bills
- The costs of future medical care
- Lost wages
- An inability to return to the same career
- Pain and suffering
- Emotional distress (PTSD, anxiety disorders, etc.)
Rather than coping with these losses on your own, consider talking to an Atlanta assault lawyer about your options for recovery. These types of damages are often awarded as compensation to the injured party in personal injury claims.
Are You Looking for an Atlanta Assault Lawyer?
Have you recently experienced a serious criminal assault or attack? Do you believe that your attack was, in part, the result of negligent security on the part of the property owner? When you’ve experienced a criminal attack and your losses are adding up, it’s important to consult with an experienced Atlanta negligent security lawyer to learn more about your rights and options moving forward.
A quality attorney will listen to the facts surrounding your incident and help you determine your legal rights. If a claim is in your best interests, then your lawyer can help you file your claim on a contingency fee basis. This means you won’t have to pay for an initial consultation or for future meetings with your attorney until you win your case and receive your settlement check.
Are you ready to get started? Schedule a free and confidential case evaluation with our office now to learn more about how we can help.