Other than competitive fighters, most people never have to resort to physical violence. However, in some cases, a physical fight is all but inevitable. If a person is victimized in a fight, they may have a legal case against the instigator or his or her employer. Attack victims are often entitled to compensation for their injuries and damages like medical bills, lost wages and pain and suffering. Read on to learn how a Personal Injury Attorney in Murfreesboro TN can help a client build an injury claim after a fight.
Culpability
Culpability is another term for fault or guilt. The victim must show that the attacker was the one who instigated the fight, and that the person struck without a legal cause. These causes include defense of others, self-defense, consent or contributory negligence.
Defenses
To file a successful personal injury claim after a physical altercation, one must prove the attacker’s culpability in the absence of a legal defense. If a person can’t disprove an attacker’s defense, they may have difficulty in continuing the claim. Possible defenses include:
* Self-defense, or evidence that the victim struck first and started the fight
* Defense of others, or evidence that shows the attacker only struck to keep the victim from hurting someone else
* Defense of property, or proof that the attacker struck to prevent the theft or damage of their property
* Consent, or proof that the victim consented to the fight and should have been aware of the possibility of injury
* Contributory negligence, or evidence that the victim contributed to the injury through his or her own negligent behavior
* Consult a personal injury lawyer to determine which defenses may apply to a particular case.
Proximate Cause
Once the attacker’s culpability is established and defenses are excluded, the next step for a Personal Injury Attorney in Murfreesboro TN is to prove that the attack was the proximate and direct cause of the injury. Experienced injury lawyers can file suits, take depositions and conduct other discovery to build a case for the client. Visit the Law Office of Gritton & Gritton PLLC to learn more about a victim’s legal rights or to schedule a free initial consultation.
