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Charpentier Law Firm, P.A.

Violent Assault and Brain Injury

By Steve Charpentier on October 03, 2014

An image of the human brain, with radiating points of light indicating areas of brain injuryNot all brain injury cases handled by personal injury lawyers arise from accidents, per se. While many brain injuries result from auto accidents, construction accidents, and even incidents of medical malpractice, others are caused by deliberate acts of aggression or malice, such as acts of violent assault. In these cases, aside from any criminal charges that may be filed against the aggressor, the victim may choose to pursue damages through the civil courts by filing a personal injury claim.

At the Charpentier Law Firm in Melbourne, assault and brain injury claims are handled with the utmost professionalism and skill by our experienced personal injury attorneys. Our lawyers have devoted their careers to fighting for the rights of injured victims and their families, working tirelessly on their behalf to obtain the full measure of compensation to which they are entitled. If you or a member of your family has suffered a brain injury due to the violent, aggressive actions of someone else, it would be our privilege to assert your rights and to deliver a message to your assailant that assault will not be tolerated.

Which types of assault can result in brain injury?

There are four types of assault. Of these, one - verbal assault - by definition cannot result in brain injury as it involves no physical conflict whatsoever. Another - simple assault - would not, again by definition, result in brain injury as it results in only minor injuries such as scrapes or bruises.

The two remaining types of assault could theoretically result in a brain injury if the assault involved a punch, kick, blow, or other manner of inflicting damage to the head. These types of assault are generally charged as felonies:

  • Aggravated assault: This type of assault generally involves a weapon, whether the attack is carried out or not, or a serious injury, whether caused by a weapon or a person’s hands, fists, or feet. Any assault that results in a brain injury would automatically be classified as an aggravated assault.
  • Sexual assault: This type of assault results in sexual contact through the use of force or the threat of force. If physical force is used to coerce the victim into performing sexual acts, then brain injury may occur.

Keep in mind that any actions taken against those charged with assault in criminal courts are independent of actions taken in civil courts. Therefore, the outcome of a criminal case will have no bearing on the outcome of a civil case, and vice-versa. It is entirely possible for someone who is found not guilty of the crime of assault to still be found liable for the losses and expenses of the victim of a brain injury in a civil court.

Arrange for Your Case Evaluation

If you or a member of your family has been the victim of a violent assault, please accept our heartfelt condolences. We would welcome the opportunity to fight for your rights and to help you obtain the compensation that you deserve. Please contact our personal injury law firm today to arrange for an evaluation of your brain injury case.

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