After an assault, you will want to seek justice against the perpetrator. If you have suffered injuries, emotional distress, or other financial losses, you also have the right to file a civil lawsuit. In these situations, you can get restitution for damages as a result of the attack.
The process can be challenging, especially as you recover from the incident. Let’s look at the steps to filing a civil lawsuit for assault in Ohio.
Criminal vs. Civil Law
After an assault, the state is more than likely to proceed with criminal charges according to Ohio Revised Code Section 2903.13. If convicted, the person may face jail time for their role in the incident.
But the legal system does not stop there. You also have the right to pursue a civil case against them. In these situations, you can recover damage for the medical expenses, lost wages, and other financial losses resulting from the assault.
If you have a valid claim, it is time to reach out to an attorney to start the legal process.
Consult with an Attorney
Since civil law can be complicated, working with a qualified personal injury attorney is recommended. During the initial consultation, you need to provide your lawyer with all information, including:
- Details of the assault
- Medical records
- Police reports
- Witness contact information
- Photographs or videos of injuries or the incident scene
This is the time when your lawyer will evaluate these materials to determine the viability of your case. Along with that, they may even provide you with an estimate of potential compensation.
File a Complaint
Once your lawyer has reviewed your case, the next step is to file a complaint according to the Rules of Civil Procedure. This complaint must be filed in the proper court, and it should outline the following:
- The facts of the case
- The legal basis for your claim
- The damages you are seeking
Serve the Defendant
The summons and complaint must be served to the defendant. This is done through a process server, certified mail, or personal delivery. With that, the defendant has legal notice of the claims against them.
Defendant’s Response
After that, the defendant has a set period to respond to the complaint. They may file an answer, which can include:
- Admitting or denying the allegations
- Filing a motion to dismiss the case
If they fail to respond, you may request a default judgment.
Discovery Phase
During this time, both parties exchange evidence and gather information to build their cases. This process may involve:
- Written questions that must be answered under oath.
- Oral testimony given under oath and recorded by a court reporter.
- Demands for relevant documents, such as medical records or communications between parties.
- Requests for the other party to admit or deny specific facts.
Negotiations and Settlement Discussions
Many civil cases, including those involving assault, are resolved through settlements rather than going to trial. Your lawyer will negotiate with the defendant’s legal team to reach a fair settlement.
However, if the defendant offers a low amount or refuses to settle, your case will proceed to trial.
Trial
At trial, both parties present their cases before a judge or jury. Your lawyer will argue on your behalf. They will present evidence and call witnesses to support your claims.
On the other hand, the defendant’s legal team will have the opportunity to present their defense.
After hearing all evidence and arguments, the judge or jury will reach a verdict. If your attorney presents a strong case, they will determine the amount of compensation
Post-Trial
If you win your case, the court will issue a judgment with the damages awarded. The defendant is legally obligated to pay these damages.
Keep in mind that collecting a judgment can be difficult if they do not have the resources to pay. In these situations, you might need your attorney to enforce the judgment through wage garnishments, property liens, or other means.
If the verdict is not in your favor, you may have the option to appeal the decision.
Get Legal Assistance for Your Civil Claim
The steps to filing a civil lawsuit for assault in Ohio can be a stressful process. By working with an experienced attorney, you can increase your chances of obtaining the compensation you deserve.
If you believe you have a valid claim, reach out to Hunt Law LLC. When you are ready to schedule a free consultation, please contact us at 330-469-9836.