The legal definition of assault and battery varies between states. However, assault is generally defined as deliberate or purposeful threatening conduct used in an attempt to hurt someone. Battery is generally defined as deliberate unpleasant or detrimental touching of someone else without his or her permission.
Someone who commits assault and battery may be charged with a crime and/or sued in civil court.
Suing someone for assault and battery
For personal injury attorneys representing plaintiffs, assault and battery injury claims are especially difficult.
Among other things, someone convicted of assault and battery may not have much if any liquid capital. So bringing a suit against him or her may not be worthwhile. Instead, the attorney for the plaintiff will bring suit against a third-party whose negligence allowed or enabled the attack. Depending on the circumstances, this may be a property owner or a management company, a business, an employer, a school, or a security company.
No matter what, as a victim of assault and battery, you may be entitled to compensation for your physical and financial losses such as:
- Immediate and ongoing medical treatment
- Prescription costs
- Lost wages due to the inability to work
- A reduction in earning potential
- Pain and suffering
- Emotional distress
- Lasting or permanent disfigurement;
- Permanent disability
Why consider pre-settlement funding for your assault and battery lawsuit?
Because these matters tend to be complicated, it takes time to build a successful case. Other factors, such as civil docket backlogs also delay proceedings in personal injury cases. This means it could take months – or sometimes even years – to reach a settlement or take the case to trial.
Depending on the extent of your injuries, you may not be able to work while your lawsuit is pending. This can be especially stressful if you are the primary breadwinner in your family. Without someone else to pick up the slack, you may fall behind with your bills, mortgage payments or medical expenses. As a result, you may be tempted to accept an early settlement for far less than your case is actually worth.
Pre-settlement lawsuit funding gives you some financial wiggle room and the peace of mind you need to recover from your injuries while covering routine personal expenses. It also gives your lawyer the time he or she needs to build a compelling case.
How do you get this funding?
The process begins when you complete the application with a pre-settlement funding company. The company reviews the information you provide and works with your lawyer to discuss your case in more detail. If you qualify for funding, and both you and your attorney sign the provided contract, you will receive your pre-settlement money, often within at least 24 hours upon approval.
Once you have the money you can use it for routine living expenses, or to cover your mortgage payments. You can also use it to cover ongoing medical expenses and so forth.
The best part is, this is not like traditional financing. This means you do not have to worry about paying us back until your case is settled. Once settled, the amount provided plus any fees and charges are paid back directly from your settlement.
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Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in CO, IL, MN, MO, SC, WI and some OK residents, will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.