Murders, rapes, robberies, assaults, kidnappings, and other violent crimes can devastate lives. Long after an attack, a victim may suffer from both physical and emotional pain.

Georgia law allows victims to bring legal actions against those who have committed violent and criminal acts in an attempt to restore the victim to a normal life. If you are the victim of a violent crime, an experienced Atlanta attorney should be contacted to discuss the possibility of bringing a lawsuit against the offender and any other responsible party.

Depending on the specific nature of the criminal attack, different causes of actions may be available. The most common causes of action for a violent crime are assault and battery. An assault occurs when a person reasonably apprehends that a violent injury from the unlawful actions of another is about to take place. No actual touch is required for a claim of assault. Rather, it is the apprehension the plaintiff feels that gives rise to the tort of assault. To succeed in court, a plaintiff must prove that the defendant intended to commit an injury and had the ability to inflict an injury.

Battery occurs when one intentionally causes physical harm to another. Physical harm encompasses any offensive touch that was not authorized. This can include any touch from an unauthorized caress to an unauthorized punch. To recover, a plaintiff must prove that the defendant intended to make harmful or insulting contact, and that harmful or insulting contact occurred. It is important to note that a claim of battery generally requires the intent to harm and not merely negligence. For example, a surgeon who makes a mistake during a surgery is usually not liable for battery under normal circumstances. The exception is when a doctor performs a treatment that the patient did not agree to.

General and specific damages for assault and battery are allowed as compensation for the injury. These include medical bills and other expenses along with mental suffering and wounded feelings. A jury is generally allowed to award damages even when there is no evidence of medical expenses. In an attempt to deter and punish the offender, punitive damages are allowed in some cases. Of course, a defendant may show evidence which mitigates damages such as provocative language used by the plaintiff.

Another possible cause of action is the tort of false imprisonment. When a person's ability to move freely is restrained unlawfully by another, he or she may have a claim for false imprisonment. The restraint does not have to be physical. Words or actions by the offender may be enough if they create a reasonable fear that harm will befall the victim if he or she attempts to move. Thus, a plaintiff must generally prove that there was an unlawful detention caused by force or fear that was against the plaintiff's will. General and specific damages are available to victims in an action for false imprisonment. A victim may also seek punitive damages.

In the tragic event of a murder or other homicide, the victim's relatives may be able to bring a claim of wrongful death against the offender. The purpose of this cause of action is to punish the offender and to compensate the plaintiffs for their loss. Generally, a plaintiff must show that there was a death of a human being, and that the death was caused by the defendant's negligence or wrongful act or omission. This means that the intent to kill is not necessary to bring a wrongful death claim. As long as the death resulted from the defendant's willful negligence, a claim against the defendant will typically survive.

In successful wrongful death actions, the plaintiff is awarded the full value of the victim's life. The full value of life consists of an economic element and an intangible element. The economic element relates to the monetary value of the victim's productive life expectancy. This element includes such factors as potential lifetime earnings, income, and services. In determining the proper amount of damages, a jury will take into consideration the age, occupation, health, life expectancy, and other factors which may affect the victim's total lifetime earnings. Additionally, the personal representative of the victim may recover funeral, medical, other expenses which resulted from the attack on the victim. The intangible element consists of lost items of value that cannot be quantified such as the value of the victim's society, advice, and companionship. This also includes the value of the victim to his or her family. Ultimately, the value of life is left up to the enlightened conscience of a jury.

Other actions may be available to a victim or the victim's family depending on the nature of the violence that occurred. There are also numerous defenses and potential immunities that a defendant may argue in court. As a result, the victim of a violent crime should contact an experienced Atlanta attorney as soon as possible to discuss a possible lawsuit against the offender.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.