If I was assaulted and knocked out cold, can I press charges and have them arrested and pay for my medical bills as well?

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If I was assaulted and knocked out cold, can I press charges and have them arrested and pay for my medical bills as well?

Asked on December 3, 2012 under Criminal Law, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assault and battery are both criminal and civil (lawsuit).  You can press criminal charges and also file a separate lawsuit (civil case).

Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Assault does not require any physical contact; only being placed in reasonable apprehension of an immediate battery.  Battery is the physical contact.  Battery is the intentional harmful or offensive touching of the person of another without consent or legal privilege.

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to support your claim for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

You can seek punitive damages (a substantial amount to punish the defendant's intentional, wrongful acts).


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