Innocent men, women and children are assaulted every day in South Carolina. Whether the assault was a part of a burglary, kidnapping, robbery, theft, or hazing, the offender can be prosecuted for assault and battery under Section 16-3-600 of the South Carolina Code of Laws Unannotated. If you’re a victim of violence, the state could press criminal charges against your attacker under Sec. 16-3-600, but where does that leave you? As a result of the attack, you may be dealing with the following consequences:
- An expensive hospital stay
- Exorbitant medical bills
- Lost income
- Post-Traumatic Stress Disorder
- Pregnancy (rape victims)
- Sexually transmitted diseases (rape victims)
- Scarring or permanent disfigurement
- Broken bones or vision loss
- Pain from the attack
- And more
In reality, crime victims can suffer huge losses after an attack. But what many people don’t realize is that in many cases, they can file a personal injury lawsuit to help compensate them for the damages incurred from the attack. Here are some examples where an assault victim may sue for damages:
- A woman is sexually assaulted in a nightclub.
- An employee is kidnapped from their work.
- A man is attacked in a dark parking lot.
- A liquor store clerk is shot during a robbery.
- A college freshman is seriously injured during a hazing incident on campus.
- A high school student is raped on school grounds.
- A man is badly beaten by bouncers at a bar.
- An elderly woman is beaten by a fellow resident at a nursing home.
“But what if the attacker is never caught?” The attacker doesn’t necessarily have to be caught, nor do charges have to be filed for a crime victim to file a personal injury lawsuit. If there is sufficient evidence of the attack; for example, a police report, video footage, or detailed hospital records, the victim may have sufficient evidence to file a personal injury claim. Often, damages can be sought from the property owner’s (where the attack occurred) insurance carrier.
Related: Who Pays for My Injury?
In California, plaintiffs (injured parties) have just three years to file a personal injury claim, otherwise the deadline or “statute of limitations” to file a claim runs out or expires. So, if you’re interested in filing a claim for compensation, it’s best to get started right away.