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I have a question about damages for assault.

Suwon attorney, I have a question. Around last January, while walking down the street, I got into a quarrel with a drunk person and was assaulted. It seems I received an injury requiring about three weeks to heal. The other party used a good lawyer, so it seems the criminal case was concluded with a suspension of indictment, but I feel so wronged and resentful. So I want to file a lawsuit for damages for assault and take revenge through civil means. Suwon attorney, please tell me how to bring a claim for damages for assault.

Suwon attorney

Damages for assault

Crime of assault

Answer to Related Inquiry

Author: 김국일

Hello, this is a Suwon attorney at Daeryun Law LLC.

First, because the physical and emotional harm caused by an assault can be very serious, I understand that you are considering a lawsuit for damages for assault.

Below, I will explain in detail the method and procedure for filing a civil lawsuit.

First, a medical certificate proving the physical harm and materials proving the emotional distress are important.

At this time, you must thoroughly prepare evidence that can specifically prove the fact of the harm.

Next, the items that can be claimed in a lawsuit for damages for assault include medical expenses, lost earnings, and consolation money.

In addition, you can also claim consolation money for emotional distress.

If you have lost your working capacity due to the assault, you can also include the loss of daily wages or the loss of severance pay.

The following is the civil procedure for damages for assault.

▷ Filing the complaint: First, you file the complaint with the court.
▷ Filing the defendant's answer: The defendant must submit an answer within 30 days after the complaint is received.
▷ Pleading preparation procedure: Once the defendant submits an answer, the pleading preparation procedure proceeds.
▷ Setting the oral argument date: Once the pleading preparation procedure is completed, the presiding judge sets the oral argument date.
▷ Oral argument and pronouncement of judgment: After the issues are organized on the oral argument date, the judgment is pronounced.

As such, in a crime of assault case, criminal punishment applies only to the perpetrator and no separate compensation is provided to the victim, so it is important to claim for the harm through a damages lawsuit.

Because a claim for damages related to the crime of assault proceeds separately from criminal punishment, the victim can be compensated for all the harm they suffered.

The emotional distress you suffered may be difficult to prove, but because you can claim consolation money through treatment records and the victim's statement, thorough preparation of proof is necessary.

Therefore, if you need the assistance of a Suwon attorney, please request a consultation at any time.

We will help you. Thank you.