Assault/Sexual Assault Claims
If you are assaulted or sexually assaulted, you may be eligible to make a claim with our assault lawyers for any injury sustained either physical or psychological.
There are many scenarios where assaults can occur including the following;
- Assaulted on the street by stranger
- Assaulted in a pub or club by another patron or bouncer
- Assaulted by a family member
- Assaulted by the police
- Assaulted whilst at work
Who causes you the injury and where you are assaulted may allow you to claim compensation for any injury sustained.
The torts of Assault and Battery are intentional torts. A tort is a wrong committed by one person against another, causing damage.
Battery involves the intentional physical act upon a person.
Assault is the act of creating apprehension of such contact.
You can sue the person directly for compensation or damages if you are the victim of an assault, sexual assault and/or battery. You only need to prove you have sustained some injury because of the assault and/or battery. It is what is called strict liability, you do not need to prove negligence.
If you are successful, the person who causes you injury must pay the compensation to you. This can be difficult however if the person who injured you does not have any money or assets, there is no point making a claim if you are not able to recover any compensation.
Often however, assaults occur in circumstances where someone else may also be responsible for the assault and battery and be liable to pay you compensation.
For example, if you are assaulted by a Police Officer this is illegal unless the office is carrying out a lawful arrest. The Police have strict rules about when and how they can arrest people. Often these rules are not followed. If you are assaulted and injured by the Police during an unlawful arrest you can claim compensation against the State of NSW.
The other common place people are assaulted are in pubs and nightclubs either by other patrons or security staff. If you are assaulted by another patron, sometimes the club can be found liable for your injuries if the club was on notice that the person was causing problems and they did nothing about removing the person from the premises.
Also, security staff are not allowed to injury you when removing you from premises. If this occurs during the guard’s employment duties his/her employer can be found liable to pay compensation for any injury sustained.
Assault and batteries at work are also common. An employer can sometimes be found liable to pay compensation if the injury happens whilst the assailant is in the course of his/her employment.
It is important to note that each assault case is determined on its individual circumstances and you will need the assistance of an experienced and accredited assault lawyer to obtain advice about a potential claim.
If you need assistance, please do not hesitate to contact us as follows;