Civil Law

Ordinarily, if someone is injured as a result of the intentional or negligent act of another, they can recover monetary damages to reimburse them for medical bills and injuries suffered. However, this is not always true when the person was injured while attacking someone else or attempting to steal from that person.

No person has a lawful right to lay hostile and menacing hands on another. However, the law does not require anyone to submit meekly to the unlawful infliction of violence upon him/her. A person may resist the use or threatened use of force upon him/her. A person may meet force with force, but he/she may use only such force as reasonably appears to him/her to be necessary under all the circumstances for the purpose of self-defense. One is not ordinarily expected to exercise the same refined degree of judgment at times of great stress or excitement that he/she would under calmer circumstances.

Civil law permits a person to sue another person for personal damages causing by that person's action or inaction. This includes suit for a violent attack, called an "intentional tort" under civil law. These intentional torts are almost identical to the illegal criminal attack discussed above and many use the same names, such as assault and battery, which mean the same in both criminal and civil law.

Torts and crimes are similar except in their punishments. In criminal court, the accused is subject to fine and imprisonment, but as explained above, unless the attacker actually injured you, prosecution is unlikely. On the other hand, a civil court may order the attacker to pay your medical expenses and pay for personal damages, even if you are not injured. Civil law is concerned with protecting your physical integrity and well as your physical safety. Therefore, even if the assailant caused you no physical harm, you may still collect damages for invasion of your physical integrity. No physical injury is required for legal action under civil law. Depending on the circumstances and the sympathies of the jury, the damages could be a substantial amount of money. At the very least, there may be a nominal award. Since you have such a superior remedy in the civil courts, prosecutors are reluctant to prosecute in simple assault cases with minor injuries. Of course, all this is contingent on the assailant's ability to pay. If the assailant has no money or objects of value, your chances of collecting an award are slim.

Ordinarily, if someone is injured as a result of the intentional or negligent act of another, they can recover monetary damages to reimburse them for medical bills and injuries suffered. However, this is not always true when the person was injured while attacking someone else or attempting to steal from that person.

No person has a lawful right to lay hostile and menacing hands on another. However, the law does not require anyone to submit meekly to the unlawful infliction of violence upon him/her. A person may resist the use or threatened use of force upon him/her. A person may meet force with force, but he/she may use only such force as reasonably appears to him/her to be necessary under all the circumstances for the purpose of self-defense. One is not ordinarily expected to exercise the same refined degree of judgment at times of great stress or excitement that he/she would under calmer circumstances.

Civil law permits a person to sue another person for personal damages causing by that person's action or inaction. This includes suit for a violent attack, called an "intentional tort" under civil law. These intentional torts are almost identical to the illegal criminal attack discussed above and many use the same names, such as assault and battery, which mean the same in both criminal and civil law.

Torts and crimes are similar except in their punishments. In criminal court, the accused is subject to fine and imprisonment, but as explained above, unless the attacker actually injured you, prosecution is unlikely. On the other hand, a civil court may order the attacker to pay your medical expenses and pay for personal damages, even if you are not injured. Civil law is concerned with protecting your physical integrity and well as your physical safety. Therefore, even if the assailant caused you no physical harm, you may still collect damages for invasion of your physical integrity. No physical injury is required for legal action under civil law. Depending on the circumstances and the sympathies of the jury, the damages could be a substantial amount of money. At the very least, there may be a nominal award. Since you have such a superior remedy in the civil courts, prosecutors are reluctant to prosecute in simple assault cases with minor injuries. Of course, all this is contingent on the assailant's ability to pay. If the assailant has no money or objects of value, your chances of collecting an award are slim.