Beyond the Attacker and Criminal Case
Maryland criminal laws are tough on violent crime, so the penalties for a conviction on assault charges are stiff. The statute on assault provides a punishment of jail time and fines for the lowest level of the crime, classified as a misdemeanor. However, as a victim, you suffer losses that the criminal process does not address.
Fortunately, state laws also offer a civil remedy enabling you to recover compensation for a range of damages. Your Maryland assault victims attorney will manage the details, but you should be aware of victims’ rights beyond the criminal case.
Can You Sue After an Assault in Maryland?
A victim can file a civil lawsuit whether the attacker is ever charged or convicted. This is because of the key difference between the actions:
- A criminal case is brought by the state to punish the offender.
- A civil case is filed by you to recover money for your harm.
The two cases also use different standards of proof. Prosecutors must prove guilt beyond a reasonable doubt, while a civil claim only needs to show it is more likely than not that the attacker caused your injuries.
Who Can Be Held Liable for an Assault?
The attacker can be held liable for an attack, but others may share responsibility. An employer may be liable if a worker attacks someone. A bar or event venue may be responsible if staff kept serving a drunk guest who then turned violent. A landlord, business owner, or security company may also be at fault if poor safety practices made the attack easier. Naming every responsible party is important because attackers often lack money or insurance to pay a claim.
Negligent Security Claims in Maryland: Property Owner Liability
When poor safety measures lead to a crime, negligent security claims hold property owners responsible. The victim generally must show the owner could have foreseen the danger and failed to act. Evidence may include:
- Earlier crimes at the location
- Broken lights
- Missing cameras
- No security guards
These claims often arise at apartment complexes, parking lots, shopping centers, and bars in Baltimore County.
What Compensation is Available to Assault Victims in Maryland?
Assault victims in Maryland may recover money for several kinds of harm. Economic damages cover medical bills, therapy costs, and wages lost while healing. Non-economic damages address pain, emotional distress, and lasting effects on daily life. In rare cases involving extreme conduct, punitive damages may also apply. A civil claim can reach insurance coverage held by a liable property owner, which may lead to a more complete recovery.
Contact a Maryland Assault Victims Lawyer for Details
When you work with experienced legal counsel, you gain leverage to recover fair compensation after being injured in a criminal attack. At the Law Offices of Michael A. Freedman, we help assault victims across Maryland hold attackers and negligent property owners accountable. Our team understands what you are facing and will guide you through each step. Please call 410.363.6848 to schedule a free consultation at our offices in Owings Mills or Glen Burnie, MD.