Portland Assault Injury Lawyer
Portland assault injury lawyer, Travis Mayor, is an experienced personal injury attorney who knows how to obtain justice and maximum compensation if you have been a victim of assault, battery or other violent crime, and suffered injuries — you don’t have to face the insurance company or the legal system alone to obtain fair and equitable compensation.
At Mayor Law, we have in-depth knowledge of the laws and legal procedures affecting victims of assault, battery, and other violent crimes. Should a trial be necessary, you will want an experienced Portland assault injury lawyer who can effectively research and document the facts, obtain supporting expert witnesses, and present your case to an Oregon jury. Travis Mayor knows how important your case is to you – and it is just as important to him. Contact us to arrange a no cost, no obligation consultation at (503) 610-0005.
Assault and Battery
What is an assault? What is battery? What are the most frequent types?
Assault is an act that creates the apprehension in another of an imminent, harmful or offensive contact in Portland. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery, on the other hand, is the harmful or offensive touching of another. Battery typically involves the commission of a violent act against another person that causes serious physical injury, such as a broken bone or fracture, wounds causing disability, impairment, or any injury requiring surgery or hospitalization. Here are some examples of various types of batteries:
- A fistfight, with or without the use of a dangerous or deadly weapon, where the victim suffers a concussion, head or spine trauma, or broken bones;
- Intentionally pushing, shoving, grabbing or holding a person;
- Intentionally or knowingly causing physical injury to a child, such as beating a child, or violently shaking a baby;
- Physical abuse in a nursing home, or elder abuse, is the intentional act of making someone fear you will cause them harm by pushing, kicking, slapping, or threatening them either physically or emotionally;
- Sexual assault is any type of forced or coerced sexual contact or behavior that happens without consent, such as sexual contact with a minor, rape and attempted rape, or sexual coercion;
- Intentionally or knowingly causing physical injury to another person by means of a dangerous or deadly weapon, such as a gun, knife, club, or vehicle (car, truck, snowmobile, motorcycle, etc.);
- Causing physical injury to another person while being aided by a second assailant such as two or more persons beating up another person, or gang violence; and
- Domestic violence.
Assault and battery are both offenses in criminal and tort law. In addition to criminal punishment, the victim can seek money damages against the perpetrator in a civil lawsuit. You can recover economic damages such as medical bills, and lost wages, as well as non-economic damages for pain and suffering, and emotional stress.
Typical Injuries from Battery and Other Violent Acts
Battery or other violent acts often lead to very serious injuries requiring substantial medical treatment, rehabilitation, and ongoing care. For example:
- Sexual assaults statistics indicate that the resulting emotional trauma causes many victims to contemplate suicide; or that 15-18% of rapes resulted in unwanted pregnancies.
- In “facility-based care” organizations such as assisted living, residential care, adult foster home, and nursing facilities, physical abuse was the most frequently substantiated assault allegation, increasing by 21.4% over 2013.
- Oregon assault related hospitalization charges were over $25,267,700 in 2012, with a median cost of $24,800. These costs may double or triple when you take into account the long-term treatment of psychological injuries attributed to assaults.
Typical battery injuries include:
- Broken and fractured bones – forehead, nose, jaw, eye socket, ribs, and hands.
- Head, skull, and brain injuries – traumatic brain injury, concussion, skull fracture, hematoma, hemorrhage, brain edema.
- Sexual Assault – skin tear, cuts, bruises, sexually transmitted diseases, HIV infection, unwanted pregnancy, chronic pelvic pain
- Psychological Injuries — post-traumatic stress disorder (PTSD), nightmares, difficulty sleeping, social withdrawal, severe depression, anger, fear and anxiety, suicide.
- Disfigurement – facial lacerations, cuts, scars, burns, severe bruising.
- Neck and spine injuries — herniated disk, slipped disk, spinal cord injury (SCI).
Battery Injury Case Example
In October 2013, Mr. McDonald was about to experience a very traumatic attack – you can read about the incident and outcome of the criminal trial in an article published in The Oregonian, Hunter attacked by naked ‘Sasquatch’ asks: ‘Why are you trying to kill me?’. After attacking Mr. McDonald and inflicting significant injuries to his head and shoulders the assailant was eventually subdued and arrested. In March of 2015, the 22-year-old assailant was convicted of attempted murder and second-degree assault, and sentenced to 10 years. The criminal phase of the battery was complete, but Mr. McDonald was left with substantial medical bills and lost income, not to mention the horrific psychological injuries of being attacked in such a bizarre manner. As with every assault victim, Mr. McDonald had to weigh his alternatives for how to recover compensation for his medical expenses and lost wages, pain, suffering, and emotional distress. Basically, Mr. McDonald had four alternatives:
- One, do nothing. As ridiculous as this might seem, many victims choose to do nothing, either out of fear of future retribution, or just wanting to bury the anger and emotion, and move on.
- Two, seek partial restitution from the assailant through the criminal court. As part of the sentence, the criminal judge could order the assailant to pay restitution for direct medical expenses, but NOT for future costs, or damages associated with pain, suffering, and emotional distress. The real issue is how do you collect any money from an indigent, 22-year-old felon, who is currently in prison? Or perhaps you are thinking about maintaining contact with someone who attempted to harm you, with the goal of receiving $100/month for the next two centuries. Not very practical.
- Three, seek partial compensation from Oregon’s Crime Victims’ Compensation Program. This is a state sponsored program that will provide modest compensation for direct expenses incurred after all other sources of compensation have been used such as PIP insurance, automobile insurance, private medical insurance, disability insurance and sick pay. Benefits paid are capped at fairly modest levels, such as $20,000 for medical expenses, $4,000 for rehabilitation, and $400/week up to a maximum of $20,000 for loss of earnings. Payments for property damage, future medical expenses, or damages associated with pain, suffering, and emotional distress are NOT included.
- Four, seek full compensation in a civil court of law (not criminal) through a personal injury lawsuit. Using this approach allows the victim to recover broader types of damages, related to both current and future expenses, as well as damages associated with pain, suffering, and emotional distress. There are no artificial “cap limits,” qualification requirements, or requirements to pay-back the funds. This approach is most effective when the responsible parties have insurance or assets to cover the victim’s damages.
The McDonald family choose the fourth alternative; to pursue the recovery of damages through a civil claim. After gathering the case facts and developing a legal strategy to broaden the case liability, Portland assault and battery injury lawyer Travis Mayor was able to obtain a confidential settlement using the homeowner’s insurance coverage from the family of the attacker, which helped resolve this personal injury claim at a mediation, just prior to initiating a lawsuit. The successful settlement provided financial compensation to the McDonald family for their direct medical expenses, lost income, pain and suffering, and emotional distress.
Contact A Portland Assault Injury Lawyer
Why is it important to retain a Portland Assault Injury Lawyer who does not shy away from litigating your civil assault and battery injury case?
Mayor Law is experienced in assault and battery injury cases, and we are uniquely qualified to prosecute your case. Portland assault injury lawyer, Travis Mayor is committed to seeking justice and maximizing the financial compensation for his clients who have been hurt as the result of another person’s intentional assault, battery or other violent act. As a former insurance defense lawyer, Travis knows firsthand how insurance companies evaluate cases, pressure parties into “low ball” settlements, and execute trial strategies. This valuable insight from the other side of the table, combined with experience handling hundreds of personal injury cases, is the reason Travis produces extraordinary results. He knows how to effectively prosecute personal injury claims, and he has collected millions of dollars in settlements, jury verdicts and arbitration awards for his clients.
Dealing with assault and battery injury claims is a difficult and complex task. Insurance companies and legal defense teams are schooled in how to approach and defend assault and battery injury cases. Depending on the facts of the case, they typically pursue strategies designed to place blame on the victim or at least create an impression that the victim contributed or caused the attack with their unreasonable behavior. It is necessary for you to go on the offensive and obtain the legal resources to investigate the accident, and gather supporting facts and witness statements before evidence disappears and witness’s memories blur. Further, most insurance policies will not provide coverage for intentional conduct such as an assault or battery and most assailants do not have adequate assets. Thus, finding insurance coverage by adding a claim for negligence or finding another responsible party if they exist such as the assailant’s employer, the tavern who served the assailant alcohol, or the assailant’s parents to name a few examples, are crucial steps in pursuing a successful claim on behalf of the injured victim.
“I have reached final settlements that were 10x times greater than the initial offers simply because we do not shy away from litigating cases.” – Portland Assault Injury Lawyer, Travis Mayor
In the early stages of the case, the defendant’s insurance company or attorney will typically make an “initial low-ball” settlement offer, without admitting fault, in an attempt to make your claim go away. They are testing your resolve to pursue the case. Having legal representation on your side who is not interested in quick, but unfair settlements, sends a clear message that we have a great case and won’t settle for low-ball offers. In many cases, I have reached final settlements that were 10 times greater than the initial offers simply because we do not shy away from litigating the case.
Assault and Battery injury FAQS
Who can be held liable in a civil assault and battery injury case?
If you have been intentionally attacked and injured who is liable? Criminally speaking, would seem obvious to most people that the assailant is the person liable, and you would be correct. But, in civil assault and battery cases, the liability may extend to others such as:
- Another person who participates in an attack.
- An employer. An employer may become liable if they direct or authorize actions leading to the assault and battery, or when the employer is negligent in hiring or training the employee committing the attack. For example, if the manager of a nursing home directs an employee to “control” an unruly patient and the employee is not trained in how to deal with the situation, he may be liable.
- Employees in the workplace. An employee may be liable if their actions threaten and incite violence in the workplace. In addition, the employer may be liable if their negligence contributed to the violence (i.e. they knew the assault was probable, but did nothing to prevent it), or if they fail to maintain workers’ compensation insurance for their employees.
- A business owner. A business owner may be liable for assault and battery if they do not provide adequate security to protect customers, or if employees are not adequately trained or qualified. For example, the owner of a bar may be liable if they serve patrons excessive amounts of alcohol, or provide an environment that is unsafe and then the drunken patron attacks and injures someone.
- Parents of an un-emancipated child. Oregon’s Parental Responsibility Law indicates parents can be held financially liable for injuries or damage caused by their child. While the liability is capped at $7,500, there are other legal paths that open the liability for parents and guardians. For example, if a parent knows or condones behavior that is reckless or intentional and the child’s actions cause harm to another person, then the parents may be “negligently liable”. Good examples that illustrate this point are teenage drivers who routinely drink and drive, recklessly speed, or text while driving. A recent case example involved parents whose child was taking medication to control psychotic episodes. The parents knew the child was not taking the medication, but did nothing to control the situation and prevent harm to others.
What type of compensation can I recover if I’ve been injured as the result of an assault, battery or other violent act?
Recovering from a serious assault, battery or violent act can be an expensive proposition requiring months of medical treatment, and in some cases lifelong support. To recover these damages, we recommend seeking the assistance of an experienced Portland assault injury lawyer to lead the effort; one who knows how to recover compensation including:
- Medical expenses – hospitalization, doctors, drugs, and medications
- Long term medical, physical, and psychological therapy
- Lost wages, income – during your treatment period and potentially in the future
- Other expenses – transportation, house hold duties, personal care
- Pain and suffering
- Emotional distress
Obtaining compensation for injuries caused by a violent attack can be a lengthy and complex process that is best performed by knowledgeable legal professionals. In most cases, you must deal with law enforcement, the criminal legal system, one or more liable parties, and their insurance carriers, staffed with seasoned lawyers. It will not be their first time defending an assault and battery case! This is why you need the services of a knowledgeable assault injury attorney who is equally aggressive.
Getting Results for Oregon Families
At Mayor Law, it is our goal to help the families of Oregon assault or battery injury victims achieve justice and restore their lives. Portland assault injury lawyer, Travis Mayor will help you by reducing the hassle, complexity and anxiety of navigating the legal process, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for families of Oregon personal injury victims. For every Oregon client who has suffered through a serious injury, Travis offers personal service with proven results.
Contact us today for a free, no obligation consultation and case evaluation. At Mayor Law, LLC, we understand the legal implications of an assault injury lawsuit. More importantly, we understand your family’s anxiety, anger, and pain. We use our experience, knowledge and resources to build a strong case and secure the compensation you need to overcome the injury for potentially years to come.