A Trusted Attorney for Personal Injury Claims in Las Vegas
In Las Vegas, many personal injury claims filed are the result of an accident, such as a slip or fall or a collision, but there are also situations where the harm was caused intentionally, as is the case with assault and battery.
In Nevada, if you become sick or injured due to the violent, intentional actions of another person, you could be entitled to compensation for pain, suffering, and damages that occurred as a result of those actions. Our experienced attorneys can help you to achieve the maximum settlement that you are entitled to.
Assault and Battery in Nevada
Assault and battery are terms that are often used interchangeably, but there is a distinct difference, and it’s important to understand how Nevada law interprets them to understand which of the two your situation falls under.
Assault occurs when someone intentionally puts another person in justifiable fear of immediate harm. The victim is not actually touched in an assault, but there is a fear that they could be at any moment.
For example, if someone threw an object at you or tried to slap you but missed, it is considered assault, as no physical contact was made, but there was intent to harm you. Other examples include someone holding a knife near your throat or pointing a non-lethal weapon at you.
Battery is defined as the intentional and unlawful touching of another person. Similar to assault, it requires that harm was caused intentionally, but what separates battery is that physical contact must be made. This can take many forms, including punching, stabbing, or biting, but it can also include indirect contact. For example, if you got sick from someone poisoning your food.
If you are the victim of assault or battery, you may be feeling overwhelmed and even nervous about pursuing legal action against the person who injured you. Bighorn Law is here with you every step of the way, helping you to receive the justice and maximum compensation you are entitled to.
Differences Between Assault and Battery
In Nevada, words alone do not qualify as assault. There must be intentional action taken to put the person in immediate danger. The state also requires that the person be aware of the threat, meaning that assault cannot occur when a person is sleeping, unconscious, or looking away.
Another key differentiator between assault and battery in the state of Nevada is that a victim of battery does not need to be aware of the threat or harm. If intentional and harmful physical contact is made with someone who is sleeping or unconscious, it still is considered battery.
The Importance of an Attorney for Assault
As no contact occurs in an assault, there are no physical injuries sustained from the incident. This can make assault cases more complicated than battery as there are many defenses commonly used in an attempt to minimize the threat or to argue that the action taken was not intentional.
A defendant can claim that they were acting in self-defense, that there was not an immediate threat or that they never truly intended to assault you. This is why it’s especially important to involve a personal injury attorney from the start. We have dealt with all these defenses and can help you build a strong case against them.
What Damages Can I Recover from Assault in Nevada?
If you or a loved one are the victims of assault or battery in Nevada, you may be eligible for financial compensation and are entitled to a case even if no criminal charges were filed as a result of the incident.
Depending on the extent of the injuries, compensation can be collected for the following and more:
- Pain and suffering
- Medical expenses
- Lost wages if you miss work
- Any other damages you suffer
Each case is unique, and the damages you can recover depend on your specific situation. While medical bills and lost work time can easily be calculated, pain and suffering can be more difficult to quantify, but our attorneys can assist you in determining what is owed to you.
Multiple Parties May Be Held Liable to Compensate You
If you have been a victim of an assault and battery, there are people or companies other than the perpetrator who can also be held liable if their negligence or carelessness contributed to or facilitated the commission of that crime. These include:
- A landlord who did not provide adequate security measures on their premises, such as locks on doors and windows or adequate lighting.
- A shopping center or mall that did not employ security guards or other safety measures, even though they profit from owning the shopping center and know that their patrons are at a higher risk of being robbed and assaulted by criminals.
- A college or university that failed to provide adequate security for students or to notify students of campus assaults, leaving those students vulnerable to becoming victims of crime themselves.
- A security company that did not use careful hiring practices or did not provide sufficient training for their guards to prevent the crimes that they were paid to prevent.
- A parent who allowed their child to have access to guns or other dangerous weapons when those weapons can be used to hurt others.
- A childcare center, school, church, youth group, or other nonprofit that did not properly supervise the children under their care or perform background checks on their employees, or that simply transferred an employee to another location when they were alleged to have assaulted or abused a child in their care.
- A bar owner or social host who continued to serve alcohol to drunk patrons or guests, then allowed those drunk patrons or guests to drive drunk and hurt innocent people and themselves.
- A bank with outdoor ATMs in secluded, high-crime areas where customers are vulnerable to armed robbery and assault. Proper Security measures can ensure safety, so the failure to properly secure an outdoor ATM can lead to liability.
- An owner of a private halfway house who has a contract with the government to house criminals on early release. Whereas governments have immunity, many halfway houses are privately owned, and therefore owe the public a duty to properly supervise dangerous residents on early release.
- A homeowners association or hotel complex that has common areas shared by all the tenants. The landlord is responsible to keep the residents safe from known dangers and risks. Many homeowners associations and hotels advertise their locations as safe, secure, and under surveillance, giving residents a false sense of safety when those common areas are often ignored or unprotected.
- A private landlord who rents homes and apartments that are subsidized by the Department of Housing and Urban Development (HUD) in dangerous, high-crime areas. These landlords have a duty to take reasonable safety measures on these properties. Private contractors reap lucrative profits from HUD subsidies, and they have potential liability if they take no steps to keep their tenants safe.
If you have been a victim of assault and battery in Las Vegas, under circumstances similar to those listed above or worse, contact Bighorn Law to find out how we can help hold every responsible party financially accountable for your injuries and losses.
Experienced Personal Injury Attorneys in Las Vegas
If you are the victim of assault or battery, you may be feeling overwhelmed and even nervous about pursuing legal action against the person who injured you. Bighorn Law is here with you every step of the way, helping you to receive the justice and compensation you are entitled to.
Our professional attorneys will give your case the attention and commitment it deserves. Call us today for a free, fair evaluation of your situation. We will listen to your story and help to determine if you have a case. From there, our experts will handle the complicated legal process, giving you time to focus on healing. Call our Las Vegas firm today at (702) 333-1111.