Under Pennsylvania law, assault and battery is a criminal offense. If it results in the victim’s death, the perpetrator may face a host of additional charges, including first-degree murder, second-degree murder, or voluntary or involuntary manslaughter. If your loved one was the victim of a fatal assault and battery in Bucks County, you can win damages from the responsible party—even if they were never convicted in criminal court.
At Cordisco & Saile LLC, our attorneys focus on wrongful death cases, helping clients win the compensation they deserve when a loved one loses their life due to the actions of another party. We can put our tools and resources to work for you and help bring the person or persons responsible for your loved one’s death to justice.
At our firm, we only get paid when we recover compensation for you and the initial consultation and case review is free. To schedule a time to meet with us, call us today at 215-642-2335.
What Is the Legal Definition of Assault and Battery?
Pennsylvania law defines assault and battery as intentionally, knowingly, or recklessly causing harm to another person—or attempting to do so. It also extends to threats or attempts to cause harm, even if the perpetrator does not follow through or is not successful in their attempt. If one person knowingly puts another in fear for their physical safety, they could be guilty of assault.
If an assault has aggravating circumstances that result in substantial harm to the victim, the law classifies the crime as aggravated assault. This is a felony. If the victim dies as a result of the assault, the perpetrator can face manslaughter or murder charges.
While the perpetrator of a fatal assault will almost certainly answer to charges in criminal court, as the loved one of the deceased, you can also file a civil claim to recover damages. This is a separate trial with a vastly different evidentiary standard, meaning you can often win compensation even if a judge or jury clears the defendant’s charges in criminal court.
What If the Responsible Party Was Not Convicted in Criminal Court?
If the jury in criminal court finds the person who caused your loved one’s death not guilty or the prosecution decides to drop the charges, you can still seek damages in civil court. The lack of conviction in criminal court has minimal bearing on your ability to win damages. In civil court, the burden of proof is significantly lower, making it easier for us to come out victorious.
A criminal court conviction requires evidence beyond a reasonable doubt that the accused is guilty of the charges they face. In civil court, we have to show the party is more likely than not to have been responsible for your loved one’s death. This standard is a preponderance of the evidence.
At Cordisco & Saile LLC, our attorneys know how to put together a strong and compelling case that makes the responsible party’s culpability clear and helps you win the fair compensation you deserve. We can pursue the person responsible for your loved one’s death for the full range of damages you deserve.
What Damages Can I Win in a Fatal Assault and Battery Case?
As a beneficiary of the deceased, you are eligible to receive a host of damages, if the respondent is liable for the death of your loved one. These damages include reimbursement for a variety of costs associated with the assault and your loved one’s death.
Medical Costs From the Assault
Chances are good that your loved one underwent extensive medical care in an attempt to save their life following the assault, even if the attempt was ultimately unsuccessful. We pursue the responsible party for all of these medical costs.
In 2017, the average funeral cost in North America was between $7,000 and $10,000. The responsible party, not your family, should bear this cost. That is why we will pursue compensation for your funeral and burial expenses.
Loss of the Deceased’s Wages, Services, Guidance, and Companionship
There is a good chance you relied on the deceased for many things, both economic and non-economic. We seek damages from the responsible party for the lost income and services you can no longer receive from the deceased.
Pain and Suffering
The loss of a loved one is one of the most emotionally wrenching experiences a person can face. The fact that your loved one’s death was needless and occurred because of the malicious or reckless actions of another party only compounds the pain. Our attorneys can calculate a fair value for your pain and suffering and help you pursue compensation.
When you work with Cordisco & Saile LLC, one of the first things we do upon taking your case is determine the full extent of your damages. Then, we begin the process of gathering evidence and proving liability.
What Else Do I Need to Know About Fatal Assault and Battery Law in Bucks County, PA?
The statute of limitations for wrongful death cases in Pennsylvania will impact your case. You have two years from the date of death to file suit against the responsible party. Absent highly unusual or exceptional circumstances, you will not be able to win damages if you wait until after this clock has expired, no matter how strong the evidence is against the responsible party.
How Can a Bucks County Lawyer Help Me?
When your loved one dies as a result of an assault and battery, you have many rights, which include winning compensation from the responsible party for economic and non-economic losses associated with the death of your loved one. A lawyer from Cordisco & Saile LLC can protect those rights, making sure the responsible party is accountable for their actions. Our attorneys have fought many civil court cases and won substantial settlements for our clients.
For a Free Consultation, Call 215-642-2335 Today.
The team at Cordisco & Saile LLC is eager to help you. If you suffered the loss of a loved one due to a fatal assault, call us at 215-642-2335 for a free consultation and case review.