Have you been the victim of assault in Mobile, AL? You may be facing serious injuries, significant pain, and an uncertain financial future but you are not alone.
As the victim of assault, you should not face the financial burden of your injuries. Alabama’s personal injury law gives victims the right to seek financial compensation from the person responsible for their injuries. The family-run law firm of Lattof & Lattof, P.C. has 65 years of experience representing victims of crimes in personal injury lawsuits.
Contact an experienced Mobile assault injury lawyer at Lattof & Lattof, P.C. today for a free consultation. We’ll review your case and find out how we can help.
How Lattof & Lattof, P.C. Helps Assault Injury Victims
After an assault, you may be left feeling overwhelmed, not only by seeking treatment and potentially working with police but also figuring out how you will support yourself. Many assault victims face serious injuries, pain, mounting medical bills, and an inability to work — sometimes permanently.
At Lattof & Lattof, P.C., we serve as your advocates through every step of the legal process you face. We negotiate with insurance companies on your behalf and take your case to court when necessary so you can focus on healing. We fight for maximum compensation to pay for your medical bills and lost wages as well as the pain you have suffered.
We focus on you and helping you recover. Lattof & Lattof, P.C. has 65 years of experience representing injury victims. As a family-run law firm, we offer a combined century of legal experience.
At Lattof & Lattof, P.C., you can expect strong communication and trust, two factors that we believe are crucial in a personal injury case. Our Mobile personal injury lawyers will give you the support and guidance you need during every stage of your case.
What Is Assault in Alabama?
In most states, assault and battery are two separate criminal charges. Assault is the act of causing a victim to fear imminent physical harm (such as pulling back your fist to throw a punch). Battery is the actual physical contact, violence, or use of force (once the person’s first makes contact with the other person).
Under Alabama’s criminal code, however, assault is very different. Alabama does not have separate assault and battery charges, only a criminal charge for assault. To make this more confusing, Alabama’s assault charge is considered a battery charge in most other states.
In Alabama, the person who has their fist pulled back preparing to punch someone has not yet committed a criminal offense.
There are three degrees of assault under Alabama criminal code.
Under Alabama Criminal Code 13A-6-20, there are several situations that constitute first-degree assault:
- Assault with intent to cause serious physical harm to someone that causes serious bodily injury with a dangerous or deadly weapon.
- Assault that causes serious and permanent disfigurement or destroys, amputates, or disables an organ or body part when there was an intent to do so.
- Some circumstances in which “extreme indifference to the value of human life” creates a serious risk of death to another and causes serious bodily injury.
- Serious physical injury to another in the commission or attempted commission of felonies such as burglary, kidnapping, robbery, rape, and sodomy.
- Serious bodily injury to another person caused by driving under the influence of alcohol or a controlled substance.
This is a class B felony.
Under Alabama Code 13A-6-21, second-degree assault generally occurs when someone intends to cause serious physical harm to someone else and does so, with or without using a weapon.
This charge also includes introducing intoxicating substances to another without their consent. Second-degree assault may also involve causing physical harm to a law enforcement officer, teacher, firefighter, or medical professional within the course of their job.
This is a class C felony.
Under Alabama Code 13A-6-22, someone has committed third-degree assault if they intend to cause physical harm to someone and cause the injury or recklessly cause injury. This includes criminal negligence that causes harm with a deadly weapon and attempting to prevent law enforcement from acting in the line of duty and causing an injury.
This is a class A misdemeanor.
Alabama Assault Statistics
While violent crime has been decreasing in the United States, that isn’t true for Alabama. The state was recently ranked as the 8th most dangerous state with a violent crime rate of 524 incidents per 100k people. It also has the country’s 6th highest assault rate with 388 aggravated assaults per 100k residents.
While Mobile was not named as the state’s most dangerous city, a dubious honor that goes to Anniston, the city does have 424 assaults per 100k people, higher than average for Alabama and the nation. Violent crime in Mobile is 73% higher than the national average.
In 2016 alone, there were 1,138 reported cases of aggravated assault in Mobile, a city of 250,000 people.
Common Assault Injuries in Mobile
Victims of assault may be left with serious, life-changing injuries that impact their ability to work and quality of life. Our Alabama assault injury lawyers represent victims in seeking compensation for injuries such as:
- Gunshot wounds
- Organ damage
- Back injuries
- Traumatic brain injuries
- Spinal cord injuries
- Post-traumatic stress disorder (PTSD)
Assault doesn’t just leave victims with physical injuries. Many are also left with emotional and psychological trauma and significant pain. At Lattof & Lattof, P.C., we are here to help by serving as your legal advocate in fighting for the full compensation you need as you recover.
Personal Injury Lawsuits for Assault in Mobile
The purpose of a criminal trial is to determine if the defendant committed the crime of assault and impose a penalty. A civil assault and battery lawsuit, on the other hand, is designed to make the victim as whole as possible through financial compensation.
If you have been the victim of assault or another violent crime in Mobile, you are eligible to recover compensation through a personal injury lawsuit.
You can pursue compensation through an injury claim against your attacker even if they are not charged or convicted in criminal court. While a conviction in criminal court does strengthen your personal injury claim, civil cases in Alabama have a lower standard of proof than criminal cases.
In addition to suing the person who committed your assault, you may have a claim against a third party through premises liability law. This refers to a property owner’s duty to guests and customers to ensure the property is reasonably safe and secure. If dangerous property conditions such as poor lighting or inadequate security contributed to your assault, you may have a premises liability claim as well.
At Lattof & Lattof, P.C., we represent victims and family members in personal injury claims related to all types of criminal assault including:
- Sexual assault
- Nursing home abuse
- Elder abuse
- Bar fights
- Bullying and school injuries
If you have been the victim of assault, or lost a loved one through someone else’s intentional infliction of harm, you may have a claim against the attacker and/or a negligent property owner. A Mobile personal injury attorney at Lattof & Lattof, P.C. is here to help you.
Compensation for Assault
Assault victims may have the right to recover financial compensation for the injuries they have sustained. Through a personal injury lawsuit, you may recover compensation for your economic damages like medical bills as well as non-economic damages like mental anguish.
Types of compensation you may be entitled to include:
- Past and future medical expenses related to your assault. This includes hospital and doctor bills, prescriptions, surgery, physical therapy, and counseling.
- Lost wages for the time you needed to take off work.
- Reduced future earning capacity if you are left disabled by your injuries.
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If your case goes before a jury, you may also receive punitive damages. These damages are only awarded in some cases and they are designed to punish a wrongdoer for egregious, wrongful conduct.
In Alabama, punitive damages are based on total compensatory (economic) damages. There is a cap of $1.5 million or 3x the compensatory damages.
Statute of Limitations for Filing Your Assault Injury Claim in Alabama
As the victim of assault, you are subject to a statute of limitations in Alabama if you want to file a civil lawsuit. This statute of limitations is just six years. If you do not file your lawsuit within six years of the date of your assault, you lose your right to recover compensation for your injuries. Note, this is longer than the two-year statute of limitations that applies to personal injury claims based on negligence.
Two years may sound like a long time but it isn’t. By delaying contacting an assault personal injury lawyer in Mobile, crucial evidence to support your case may also be lost. It’s important to begin working on your claim as soon as possible to gather evidence that supports how the assault occurred and the extent of your injuries.
Contact a Mobile Assault Injury Lawyer
Suffering injuries in an assault is bad enough, you shouldn’t be left fighting for the compensation you deserve against insurance companies or your attacker. At Lattof & Lattof, P.C., we help victims of crime seek justice and full compensation. Our compassionate legal team is here to help you fight for what you deserve so you can focus on healing and moving on.
Contact Lattof & Lattof, P.C. today to schedule a free consultation with a Mobile assault injury lawyer. You never need to pay out-of-pocket attorney fees and you pay nothing if we do not recover compensation for you!