What is a Personal Injury Civil Claim for Battery?
Most folks understand the concept of recovering money for an injury. The most common example of this is when someone is in a car accident, gets injured, and then receives a settlement or judgment to pay for medical bills, lost wages, and pain and suffering. While helping Kentuckians recover for car accidents is something we do every day at the Morrin Law Office, we also help the good folks of Kentucky recover from injuries caused by someone else intentionally. This conduct could be a punch with a fist, a stab with a knife, a hit with a blunt object like a bat or crowbar, and certainly a gunshot wound. Any of these injuries could occur accidentally or intentionally. When an injury is received from intentional conduct the injured person is entitled, under Kentucky law, to recover their damages, just as they would in if they were hurt in a car accident. However, most people do not have insurance for intentional acts. Any insurance to cover these type of injuries usually comes through homeowner’s insurance, and homeowners insurance usually covers claims against any of the household family members even if what they did wrong did not happen on the property. The issue is whether or not the insurance company has authored exclusions into the insurance agreement that releases them from having to pay for injuries caused intentionally. It is important to have an attorney review the insurance policy of the insurance at issue to make certain you are making an informed decision regarding whether or not to pursue an insurance claim. Some insurance companies leave language in their insurance policies that may be legally enforceable in another state but that is not legally enforceable in Kentucky because we have a public policy that deems the language null and void. The following are examples of cases that often involve intentionally inflicted injuries:
1. Sexual Assault by a Medical Professional
Although every profession strives to weed out the bad apples, some end up making it into the profession when they do not have the moral fortitude to do so. Every physician is required to take the Hippocratic Oath and every nurse is required to take the Florence Nightingale Pledge. We place special trust in medical professionals to devote themselves to their patients’ welfare and to “do no harm or injustice” to us, as their patients. When have great respect for the medical profession and what they do, as a whole, for our community. Their work is far too important to allow the few bad actors to go unchecked; it is too important—they must be held accountable.
2. Gunshot Wounds and Deaths
Unfortunately, 772 Kentuckians passed away due to gunshot wounds in 2016 according to the National Center for Health Statistics. These incidents include hunting accidents, but many of these deaths result in criminal charges for one or more parties. Competent representation in such cases requires a functioning knowledge of how to work and navigate the criminal system, either as a defendant or victim, as well as pursue claims for negligence, battery, and/or wrongful death.
3. Domestic Abuse
Nobody should feel trapped or as if they must endure domestic abuse. Injuries from domestic abuse are especially troubling because it can affect family relationships and some of the most vulnerable members of our society. Many of these cases also have criminal charges associated. Helping the victims of domestic abuse also requires being able to be a victims’ advocate and to help victims understand their rights in both the criminal process and the civil process.
4. Sexual Assault, Abuse, Rape
When something like this happens in our society, the conduct must be met every time with every reasonable consequence at our disposal. Rape or Sexual Abuse/Assault can be crimes perpetrated by violence or force, or can be crimes perpetrated upon someone who cannot legally consent, even if violence or force have not been used. Persons who are incarcerated, underage, mentally handicapped, or impaired are unable to consent legally and many acts of Sexual Assault, Abuse and Rape unfortunately occur in school, jail, or caretaker setting. Depending on the situation, such acts may constitute a violation of specific state and federal laws in addition to also being considered battery under the common law.
5. Police Brutality and False Arrest
If a police officer arrests you without probable cause to support the arrest, you may have a civil claim for false arrest or for malicious prosecution. If the officer uses more force than reasonable or necessary to arrest you, a civil claim for police brutality may be possible. While most police officers are very careful to follow the law, a single bad actor can cause serious harm and damage to your life. If you or someone you know has been the victim of police brutality or false arrest, call us today.
There are a wide variety of other intentional acts for which a victim may need representation. If you believe you may be the victim of an intentional act which has harmed you, it is important to speak with any attorney quickly to determine your legal rights. In Kentucky, the statute of limitations for most intentional acts is one (1) year. This seemingly clear amount of time can be calculated in different ways, so it is important not to wait, but to speak with an injury professional as soon as possible.
How is an attorney paid for an intentional wrongdoing case?
At the Morrin Law Office, when you are injured and need representation, we do not get paid unless you do—even if we advance costs for a legal expense, such as a the filing fee for the complaint. You’ve been through enough so we want to keep our representation of your claim 100% risk free. That means that we do not get paid, unless we recover money for you, and we guarantee you will not receive any surprise bills from us. We do this so injured Kentuckians are not forced to figure out how to pay out of their pocket for what has been done to them. We are committed to only taking your case if we believe we can add value and help you get to your best life; we even guarantee to protect your bottom line by cutting our fee if necessary—but we’ve never had to do that so far. If you have questions about these type of cases and would like to learn more, then don’t go it alone, please consider contacting us or by calling us: 859-358-0300.