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How Much Does an Assault and Battery Lawyer Cost - morgan and morgan
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How Much Does an Assault and Battery Lawyer Cost?

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How Much Does an Assault and Battery Lawyer Cost?

Despite assault and battery being a criminal charge, it's not uncommon for victims to take additional civil action against the perpetrator to get compensated for their personal injuries. It's important to remember that civil cases don't result in jail time but seek to make you financially whole again for the damages you suffered by the assailant's actions. 

While proving your case has a lower bar for evidence in a civil trial, you still must provide significant evidence to prove your case. A criminal conviction alone isn't enough. A skilled assault and battery lawyer with personal injury case experience is crucial to winning a judgment against the person who harmed you. But, you may be worried about how expensive a lawyer is for these types of cases, so read on to learn more about why this cost is worth it in the long run and more affordable than you realize.

Aren't Assault and Battery Cases Difficult to Collect On?

Actually, no, they aren't. When you have a solid case against your assailant, meaning you have a preponderance of the evidence, it makes it less complicated for your attorney to prove your case at trial. Evidence typically includes witness testimony, criminal conviction, medical records, and your doctors' opinions on how your life has been impacted by the injuries caused to you. 

It's important to remember, though, that if the perpetrator doesn't have many assets, you may be awarded a significant amount by the court, but they won't have a way to pay for it. In addition, liability insurers won't cover intentional acts like assault and battery, so it's essential to consider if pursuing a civil case is warranted. With that said, if there is a third party involved, like a neighbor allowing your assailant into your apartment building knowing they weren't authorized to be there, that individual may also be liable for your injuries. This means their insurer may have to pay for part of your damages.

Before you decide to pursue a personal injury claim for assault and battery damages, make sure to take the time to speak with a reputable attorney about your case first. 

How Assault and Battery Lawyer Costs Get Paid in a Personal Injury Suit

Because this is a civil matter, you will need to hire a personal injury lawyer with a proven track record of successfully pursuing compensation claims against those who hurt you or contributed to your assault. Typically, attorneys in this field of law don't require money upfront for their services if they opt to take your case. 

Just like in motor vehicle accidents or slip and fall cases, you may find your finances devastated and unable to afford your rent, let alone costly attorneys' fees. Fortunately, reputable assault and battery injury attorneys, like those at Morgan & Morgan, won't ask for any payment upfront and instead work with you on a contingency basis.

This means that we don't receive a dime in payment for their services until you win your case. Instead, you will agree to a percentage of your recovery as payment if we succeed in court. These arrangements are particularly beneficial because they motivate lawyers to do everything possible to get you compensated fairly. The more you win, the more they receive in payment. 

Also, remember that a skilled attorney can ensure that any compensation you receive covers the full scope of your injuries. Their negotiation skills maximize your recovery chances in this respect, which you likely couldn't have done on your own. This means that despite the fee percentage they take in the end, you will still receive more than you would have without their help. 

Understanding How Contingency Fees Work

As mentioned before, contingency fee arrangements mean you won't have to pay assault and battery lawyer costs until you win your personal injury case. How you obtain your compensation could be in one of two ways: a settlement agreement or a court judgment. Regardless of which method your case ends, your attorney fees get deducted from that amount once the case is over. 

When first interviewing counsel to take on your case, remember that the percentage you pay should be negotiated before you hire them. You should also be clear on what their portion of your settlement covers.

The following factors typically influence the amount a lawyer receives from your compensation: 

  • Case expenses
  • If a trial is necessary
  • Complexity of your case
  • The likelihood of their success 
  • Expected value of your award

Some lawyers do not include litigation expenses like filing fees, postage costs, document copying, or investigation time in with their cut. Instead, they will take this amount out separately from your compensation in addition to their owed percentage. 

Let's look at an example:

If your attorney successfully settles your case for $100,000, and you agreed when hiring him that 30% of any compensation would be his fee, you would receive $70,000. However, if you also agreed outside litigation expenses like postage or investigation fees would be paid separately, that would further reduce your $70,000. So, if there were $2,200 in such costs, your final compensation total would be $67,800. 

As you can see, even with these costs, you are still recovering a significant amount of compensation for the civil damages you suffered. 

Understanding the Cost of Settling an Assault & Battery Claim Vs. Going to Trial

When determining how much your legal representation should cost, an assault and battery injury attorney has to consider your case's challenges first. The more complicated your claim, the higher the contingency fee you'll have to pay. If your attorney feels it's possible to avoid trial and settle your case for a fair compensation amount, they likely won't ask for more than a third of your settlement offer. 

But, if they are unsure if this is possible or are certain you should go to trial to maximize your award, you could expect to pay 40% of your compensation to your attorney. While this sounds ridiculously high, you have to consider what is involved with going to trial. Outside of the additional hours your attorney will need to dedicate to personally representing your case, there are extra fees and costs that come with the trial process. 

Still, if successful, the damages you receive will be significantly greater with their help than going it alone.

Typical Injuries and Damages Awarded in Assault & Battery Suits 

Even in criminal court, your assailant may have been ordered to pay you some sort of restitution. But, unfortunately, this rarely accounts for all of the damages you've suffered physically, emotionally, or financially and necessitates that you take civil action.

Below are the type of damages the assault and battery attorneys of Morgan & Morgan typically obtain for their clients: 

Economic Damages

Damages that can be easily assigned a dollar value are economical. These typically include things like medical bills and lost income.

Non-economic Damages

It's hard to put a dollar value on the pain and suffering you've endured due to the injuries of your assault. Unfortunately, these are considered non-economic damages, and the amount you receive is subjective to the circumstances of your case and even the jury's opinion of you! 

Punitive Damages

Defendants who have committed acts of negligence or intentional harm that are exceptionally egregious may pay punitive damages. These are additional monetary awards designed to punish the assailant and dissuade others from this type of behavior. There is no guarantee you will qualify for this compensation, though. 

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Morgan & Morgan

  • What is the definition of assault?

    When someone threatens, attempts, or succeeds in injuring someone else, they are guilty of assault under most state and federal laws. Keep in mind that threatening also falls under this definition, but words alone may not be enough to prove your case. Usually, an action that caused you harm or put you in imminent fear of harm is necessary.  

    Intent is also a required criterion, so it's vital that your attorney can show the court that your assailant was willful in their actions that caused you injury.

  • What is the definition of battery?

    Assault is often confused with battery because the terms are usually thought to mean the same thing, but in law, assault is more about the threat. Battery is an action that commits physical harm. 

    Depending on the jurisdiction governing your case, the physical battery of another can range from just touching someone to violent contact. When pursuing a personal injury case involving battery, you only have to prove that offensive contact occurred, regardless if the injury was caused or not. If contact was made to you without your consent, this could potentially constitute a battery situation, but it must be intentional. Hence, assault and battery. 

    To prove battery occurred, your attorney will show that: 

    • Intentional contact was made, and,
    • That contact was offensive or harmful in nature, and,
    • You didn't consent to this physical contact.
  • How is Morgan & Morgan Different from Other Personal Injury Firms?

    If you survived an assault or battery situation, contact Morgan & Morgan immediately. We have a network of over 800 attorneys nationwide to assist you. Since our founding, we have recovered over $15 billion in compensation on a wide range of personal injury cases, including assault and battery. Despite our firm being so large, we're still a family law firm that treats all of our clients like our own family. Your best interests are at the heart of everything we do.

  • Get the Compensation You Need After Suffering an Assault & Battery

    At Morgan & Morgan, we genuinely understand the trauma you've experienced because of someone intentionally causing you harm. But, as the victim of assault and battery, you need more than an attorney. You need a compassionate advocate who will help prioritize your healing. Our team of lawyers is here to take the burden of pursuing legal damages off of your shoulders to help you get on the road to recovery. 

    Trust our firm to ensure that you get the justice you deserve. It's not your fault, and you shouldn't be responsible for the damages caused by someone else. For over 35 years, Morgan & Morgan has fought for the rights of those hurt in assault and battery cases. Don't let anxiety about affording our services hold you back from getting compensated. We operate on a contingency fee basis which means you don't have to pay anything unless we win your case.

    To get started, fill out a free case evaluation. It costs nothing to get started, and we get paid only if you win. Contact us today.

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Last updated on Mar 01, 2023

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