Should I file a criminal/civil suit for assault and battery?

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Should I file a criminal/civil suit for assault and battery?

I need to know some of the consequences and if it is worth my time to file a suit. Do I have to see the assailant in court, if I even need to go to court? I want justice but not if I have to take time off work or if i have to confront the assailant in court. Also, could I file a civil suit for pain/suffering and if I take time off work?

Asked on January 1, 2012 under Personal Injury, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Frist, the issue of assault and battery can be a criminal matter as well as a civil matter. If you want to make a criminal complaint, you make a police report about the incident and the report is forwarded to the district attorney's office for the possible filing of a criminal complaint.

If a criminal complaint is filed, the accused has the Consitutional Right at trial to see you where presumably you would testify. If there is a criminal or civil trial you would have to take time off from work most likely to testify.

If a civil case is filed, you most likely would have to take time off work for depositions and trial. You could possibly recover damages for pain and suffering for your injuries, but you do not get compensated for taking time off work to attend matters pertaining to the lawsuit.

I suggest that you consult with a personal injury attorney.


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