Assault is a serious criminal offense, but it can also be the basis for a personal injury lawsuit in Tennessee. If you have been physically assaulted, you may be entitled to compensation for your injuries, medical bills, lost income, and other damages. But to win your case, you must be able to prove that the defendant committed assault. This article will discuss the elements of assault in Tennessee and the evidence you will need to prove it in court.
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Elements of Assault in Tennessee
In Tennessee, assault is defined as intentionally or recklessly causing another person to fear imminent bodily injury. It can also include making physical contact with another person in a offensive or provocative manner. Under Tennessee law, assault does not require actual physical harm. It is enough that the victim perceived a threat of harm.
To prove assault in a personal injury case, you must show that the defendant had the intent to cause you fear or injury, or knew that his actions would likely cause you fear or injury. You must also prove that the threat was imminent, meaning that it was about to happen or was very likely to happen soon. If the defendant made a threat that would happen in the future, that is not assault.
Evidence in an Assault Case
To prove an assault claim, you need to gather important evidence that will support your version of events. Here are some types of evidence that can help:
Eyewitnesses
The testimony of eyewitnesses can be crucial in an assault case. If there were people present when the assault occurred, try to obtain their contact information, and ask them to testify on your behalf. Their testimony can provide a clear picture of what happened and support your version of events.
Video Footage
If the assault happened in a public place, there may be surveillance video footage that captured the incident. This will be valuable evidence because it provides a clear and objective record of what happened. If you think there may be video footage, notify law enforcement and your attorney as soon as possible.
Medical Records
If you sought medical treatment after the assault, your medical records can be used as evidence. They can show the extent of your injuries and the costs of your medical treatment. In addition, they can be used to prove the pain and suffering you experienced as a result of the assault.
Photographs
Photographs of your injuries can also be used as evidence to prove the extent of your injuries. Take photographs as soon as possible after the assault, even if the injuries appear minor. The photographs can show how the injuries progressed and help illustrate the pain and suffering you experienced.
Other Considerations
In addition to collecting evidence, there are other factors to consider when pursuing an assault claim:
Statute of Limitations
In Tennessee, there is a limited amount of time in which you can file a personal injury lawsuit. The statute of limitations for assault cases is one year from the date the assault occurred. If you do not file a lawsuit within this time frame, you may not be able to recover damages.
Comparative Fault
In Tennessee, the courts use a comparative fault system when determining damages. This means that if you were partly responsible for the assault, your damages may be reduced. For example, if you provoked the attacker, the court may reduce your damages. However, if the attacker was acting with intent or malice, your damages may not be reduced.
Conclusion
Proving an assault in a personal injury case requires gathering evidence that shows the defendant acted with intent to cause harm or fear. However, using eyewitness testimony, video footage, medical records, and photographs, you can build a compelling case. Be sure to speak with an experienced personal injury attorney who can help guide you through the legal process and maximize your compensation.