What is Assault Lawsuit Funding?

Assault lawsuits comprise a tremendous portion of both the civil sector of law, as well as the criminal section. Assault is generally defined as unwanted harm inflicted on another person. Assault lawsuits are defined as an intentional tort, meaning that the acting party had the intention to harm or cause fear of harm in a different person. (In civil law, fear of the contact or harm is an important requisite for an assault lawsuit.) Put simply, assault lawsuits arise when a person is harmed, or is afraid of being harmed, by another person.

Preconceived Notions about an Assault

Assault lawsuits can be difficult to manage, simply due to the contentious nature of interpersonal violence. This contentious nature of assault lawsuits is furthered by a pre-existing attitude of condemnation that exists in the backs of the minds of prospective jurors. Despite the prerequisite statements and well-known legal doctrines, such as "innocent until proven guilty," assault lawsuits generally result in the casting of a pall over the entire trial proceeding.

Comparisons between Assault and Battery

Interestingly enough, assault lawsuits and battery lawsuits are treated quite differently within the civil and criminal sections. When dealing with an assault or a battery within the criminal sector of American law, the charges are typically two closely related facets of a single type of offense. More specifically, battery and assault charges can be assigned to the exact same kind of behavior.

This is not the case when dealing with assault lawsuits in the civil sector. Although the word "assault" finds its roots in a Latin word that literally means to "attack," or to "charge," assault lawsuits generally do not deal with the actual physical inducement of bodily harm to another person. Assault lawsuits are actually more directed at someone verbally abusing another individual, or causing immense and legitimate fears of harm in another person. Threats certainly fall into this category, as do "offers" of bodily harm.

This can create somewhat of a grey area when dealing with assault lawsuits in Court, especially when it comes to the legal determination of whether or not the harm was "immense" or "legitimate." Furthermore, in order to be liable in an assault lawsuit, it does not have to be proved that the threats had the ability to be carried out. The scope can be widely interpreted. For example, an individual can be held liable for assault, if the threats made by the person revolved around a plastic gun the person was holding. So, even if the gun was plastic, and the person had no actual ability to carry out the threatened harm with the toy gun, this can be interpreted as an assault.

Assault lawsuits should be, in the civil sector anyway, treated as a completely separate and distinct entity from battery charges. Battery is the actual infliction of the harm, in the civil sector; whereas the assault can be comprised by the words uttered, or threats issued, prior to the actual carrying out of the physical harm. When dealing with assault lawsuits, it should be remembered that no person has the right to physically touch another person without their consent, nor does any person have the right to threaten or cause fear in another person.

How can Case Funding help me or my attorney?

We help level the playing field by providing lawsuit funding for you or your attorney to compete effectively against insurance companies, large corporations, and other deep-pocketed defendants.

How is Case Funding different for Plaintiffs?

Non-recourse funding is different than a lawsuit loan. Unlike loans, advances don't require you to put up collateral; you don't need good credit; and if you lose your case, you pay nothing and owe us nothing! We give you money based only on the strength of your lawsuit, because our lawsuit funding is repaid only if you win money from your case. While your case is pending, you do not owe any installment or interest payments. You pay nothing until your lawsuit resolves.

A Leader in Lawsuit Funding

Case Funding is a leading direct provider of innovative non-recourse funding solutions for plaintiffs and attorneys who have pending lawsuits and pressing financial needs. For attorneys, our capital enables you to invest in your cases, expand your case load or even pay everyday operating expenses.

Our Services

Case Funding's programs provide plaintiffs and litigation attorneys with short-term financing by advancing money against the future proceeds of lawsuits. Case Funding minimizes financial pressures on plaintiffs until a fair settlement can be reached. For plaintiffs, CaseFunding provides non-recourse cash advances on pending lawsuits. Case Funding works with attorneys to create a financial package that meets their law firm's cash flow needs, whether in the form of full-recourse loans, or line-of-credit facilities.