how an attorney changed the outcome of my lawsuit

Posted on: 25 September 2020

Battery can be a very upsetting criminal case for the plaintiff, particularly if they do not win and their assailant goes free. However, they can still get some compensation by pursuing a civil lawsuit. And those who do may want to consider working with a personal injury lawyer to ensure that things go as smoothly and efficiently as possible for the needs of their case.

Battery Can Be a Civil Case

Lawsuits can be pursued in two different courts – criminal and civil. So if a person is let off on criminal battery charges, they can be brought up in a civil court for the same offense. Though they won't go to jail if they lose, they will have to pay the plaintiff money for their injuries. And this type of situation is not double jeopardy because the two courts are so different in how they operate.

For example, in a civil court, the balance of evidence is different than it is in a criminal one. The plaintiff just needs a preponderance of evidence – i.e. more proof than the defendant – rather than needing to establish guilt beyond a reasonable doubt. And they can get the money that they deserve and the compensation needed for recovery, particularly if they work with a personal injury lawyer.

How a Personal Injury Lawyer Can Help

Those who are preparing a battery case for a civil court need a personal injury lawyer to help them out. These legal experts understand how to prove that somebody committed battery by gathering evidence, such as doctor testimony, pictures of the injuries caused by the person, and eyewitness testimony that shows that the individual did attack the plaintiff and cause their injuries.

Next, the lawyer can establish that these attacks were unwarranted and were a deliberate attempt to hurt another person. For example, they can show that the plaintiff did not do anything to provoke their attacker. They can then show that the defendant was attempting to do bodily harm to the plaintiff, not just injuring them by accident. This type of proof requires eyewitness and even video testimony showing the incident.

Just as importantly, a good personal injury lawyer can be an emotional support for those going through this type of tough situation as an individual. Often, it is very challenging to recover from the type of pain that battery can cause both physically and emotionally. Working with a firm like Siben & Siben LLP helps because they understand how to take charge of the case and make it easier for a person to recover.