Assault Lawsuit Loans

Assault Injuries and Legal Claims

In a perfect world, everyone would just get along. It’s a great thought, and one many people are actively working to achieve. There are many obstacles, though, in the form of addiction, personality disorders, and unhealthy situations. What’s more, human beings in general are a confrontational group. If you’re pursuing an assault and battery lawsuit, Uplift is a lawsuit funding company that can provide assault and battery lawsuit loans to ease your financial stress.

The end result of these conflicts can be an assault. Assaults can come in many forms. An argument between partners can take a violent turn. Someone who is drunk or on drugs might be beyond help and lash out at either a friend or even a stranger. A neighbor who is having a terrible day could make a bad decision in trying to resolve a disagreement. Sometimes, it can be a stranger with a mental illness making it their crusade to hurt innocent people.

It’s a tragic situation all around, but especially so for the victim. In a best-case scenario, they could wind up with only post-traumatic stress disorder (PTSD). If things get very bad, they could be injured on top of the emotional scarring, or even killed.

The Bureau of Justice Statistics found that in the US in 2015, nearly 1% of the adult population experienced at least one violent victimization resulting in a personal injury of some kind.

The lawsuits that result from these assaults can take a long time, and plaintiffs are often at a loss as to how to get by without a legal funding company to help them. That’s where an assault and battery lawsuit loan from Uplift Legal Funding can help you. We can provide pre-settlement funding to ease the pressure until your case settles.

Once your application is complete and we receive the necessary case documents from your attorney, we can make a decision on most pre-settlement funding requests in as little as one business day. If approved, funds can be sent as soon as the same day. You can apply online for a cash advance or give us a call at (800) 385-3660.

National statistics

There were a total of 711,695 incidents of assault and battery with a weapon in 2018. In 2015, an average of 3 in every 1,000 people were victims of aggravated assault.

Fifty-six percent of women who are assaulted report being close to their homes. This is in contrast to men, 43% of whom report being in a public space or parking lot.

However, the assault rate is 70% lower now than it was in 1995. An estimated 61.9% of all aggravated assaults are reported. This contrasts with an average of 41.7% of simple assaults that are reported.

Differences between assault and battery

Assault and battery are typically two categories that go hand in hand. However, they have two different definitions in a court of law. It is important to note that in most states, no physical injury is required for an assault and battery personal injury claim. The main burden of proof for these cases is the intent of the offender, which we will discuss more later in this article.

• Assault – any action that is meant to make the victim feel as though they are going to be harmed.
• Battery – the act of intentionally harming someone either directly or indirectly.

These two definitions are very similar; however, there is a key difference: whether the victim was actually hurt or merely felt like they were going to be hurt.

Examples

Below we have listed some examples of assault and battery to better illustrate the difference.

Examples of assault:

• The offender grabs a knife and shakes it at the victim while insinuating that the victim will be cut at some point.
• A perpetrator points a fake gun at the victim. The fake gun looks real, and the victim believes they are going to be shot.
• Someone is driving a car while the victim is crossing the street. They speed up so that the victim thinks they will be hit. The offender brakes and manages to stop a few feet from the victim.

In each of the scenarios above, the victim believed that they were going to be harmed; however, they were not.

Examples of battery:

Battery can occur directly, indirectly, and remotely.

• Remote and indirect – the offender sets a trap, and several days later, the victim falls for it.
• Indirect and immediate – the offender throws a dart, and it harms the victim.
• Direct and immediate – the offender dropkicks the victim.

What are the different kinds of assault?

Assault is a broad category for multiple offenses. The kind of assault that a person commits affects the type of punishment they will receive.

Here are the different forms of assault:

• Felonious assault – the use of weapons or intent to cause egregious harm, such as rape
• Simple assault – a misdemeanor in most states involving no serious injuries
• Physical assault – the act of physically injuring or striking an individual, sometimes called battery
• Aggravated assault – harming someone with the intent to cause severe injury
• Sexual assault – sexually touching someone in an unwanted manner
• Verbal assault – emotionally and mentally taunting someone

Importance of intent

To prove an assault, the assailant must have intent. Here, ‘intent’ is defined as wanting and intending to cause harm to another person.

For example, if an individual is walking past someone and irrationally believes they are going to be harmed, they do not have a case. This is because if someone feels they are going to be hurt, but there is no action on the part of the other party, there is no intent.

Say someone named Mike is walking home from the grocery store. He is a tall, dark-skinned man, and he lives in an affluent neighborhood. If a woman, Jenny, were to walk by him and feel unsafe, she would not have an assault case. Even though she felt her safety was at risk, Mike did not do anything to indicate he intended to hurt her.

To have an assault case, the plaintiff must be able to prove that the offender wanted to harm them.

How much is my assault and battery case worth?

While injuries play a big role in determining how much your case could settle for, liability usually plays the biggest role. Who was at fault? Was it some random person causing havoc, and the building you were in provided no security? Was the incident at a bar where everyone involved had a couple of drinks? Did you cooperate with the police investigation? Were there witnesses?

Proving that you were innocent is extremely important. The defendant will likely hire an attorney whose entire job is to make it seem like you were also responsible for your injuries. You can help yourself by asking witnesses to stay and tell the police what they saw.

Cases with proven liability and substantial damages can settle for anywhere from $10,000 up to six-figure amounts. The last piece is insurance—the defendant must be able to pay the settlement. (This can come from their homeowner’s insurance if it happened in a house, or from a company policy if the assault happened at a business.)

How long will my assault and battery case take?

It’s possible to get by with just your own savings, but it can be tough. Assault and battery cases can take a long time to prove who was at fault.

Even if there were many witnesses to testify that you were wronged, it could take months to line them all up to appear in court. Attorneys try to delay lawsuits by canceling and rescheduling hearings.

This makes it harder for the plaintiff to outlast the insurance company, often forcing them to accept an unfair offer. That’s why it might make sense to get assault and battery lawsuit loans. We can provide pre-settlement funding to enable you to settle on your terms.

If you’re in need of legal lawsuit funding, you can apply online to receive a cash advance or give us a call at (800) 385-3660. Our customer service team is here to help!

How long does it take to get an assault and battery lawsuit loan?

We know that after such a traumatic experience, you’ll want as much reassurance as possible. This is why at Uplift, we make decisions in as little as 24 hours once we receive your case documents from your attorney. After approval, you can get your lawsuit funding as soon as the same day! We work hand in hand with your lawyer to make sure you get the funding you need as soon as possible.

We offer four methods of funding transfer:

• Direct wire
• Western Union
• Overnight check

Legal funding for your assault and battery lawsuit

We only need basic information about your case to approve you for assault and battery lawsuit funding.

After we receive your application, we’ll request information from your attorney, such as evidence of liability, medical records, insurance information, and court documents if your case is far enough along.

Our underwriters are very knowledgeable about assault and battery cases and can often get you an answer on your lawsuit funding within a few days; sometimes, you can receive your cash advance in as little as 24 hours.

What’s more, we don’t just see you as a business deal or a number. We understand the trauma you’ve gone through and will do everything we can to help you while your lawsuit continues. Our rates are among the lowest in the lawsuit funding industry, and our turnaround times for pre-settlement funding are extremely quick.

If you aren’t sure if your case qualifies, call us today to find out. To learn more about Uplift’s legal funding process, see our How Legal Funding Works page.