Everyone goes out to have a good time, and sometimes they may consume too much alcohol. Then, the next day, someone feels worse than expected and realizes they were in an alcohol-induced dreadful state.
Sometimes too much fun can lead to bad behavior, and you may find yourself in a heated, aggressive argument that may result in a fight. If you find yourself in such a situation, there is a legal process involving the victim and the assailant. In other words, there are a set of procedures in place to handle intoxicated assault cases.
The first step is the victim filing a police report with the officer present at the scene (because in such cases, someone almost always calls the police). After that, the victim and witnesses offer statements. Next, authorities and lawyers determine if the victim should press charges for intoxicated assault against the offender.
But let’s take things one at a time. First, here is the legal procedure concerning an intoxicated assault lawsuit.
Report the Incident
When the incident is reported, the victim is given a form documenting the complaint. The victim will have to fill out their information on that form, including their name and address. In addition, you state the date, time, and place of the incident, the names of witnesses, and pertinent details about the assault. After filling out the form, you will have to give it to the officer at the scene to take it from there.
Seek Legal Counsel
You will need legal representation to protect your rights and liberties. It is when you should seek the guidance of an attorney trained in handling such cases. For example, you can contact an intoxication assault lawyer in Dallas who will help you with your case in Texas. Do the same for the state you live in and are attacked by an intoxicated individual. The attorney will contact witnesses and the police, who have taken statements from those involved, to understand better what happened. They will also help you file the necessary motions and assist you in your legal defense.
Gather Evidence
To make your case stand, you will want to gather evidence. First, you need to document the injuries you received during the incident. You can use photographs to record your injuries as you receive them and keep a log of the treatment you are undergoing from the medical professionals who assisted you at the scene or in the ER. A full record of your injuries and medical interventions will help if legal action is necessary later. A lawyer will also help you contact witnesses and get statements as evidence for the case.
Prepare For Trial
After the investigation process is completed, both parties involved in the case will get subpoenaed to appear in court. The prosecutor will present their evidence and make their legal arguments. Your attorney will then present your evidence and argue in your favor. If there is any conflict, it will be settled by a judge in a plea bargain arrangement. At this point, whether a deal is reached or not, the trial begins.
Take Your Case To Court
When the issue isn’t settled, it is taken to court. There, the judge will hear both sides of the story and state his decision based on the evidence presented. Your lawyer will present all relevant evidence and arguments to the judge. If a deal is reached, it will be done before the court, and the decision will be binding on both parties. The compensation can be set at a certain amount of money for the injuries you received during the drunken assault. It will cover the medical and legal expenses and any other losses you may have incurred.
In conclusion, any assault type can cause serious injuries. You have the legal right to seek compensation for damages when it happens. The process for doing this will require a police investigation by the authorities, gathering evidence, and putting together an intoxicated assault lawsuit.
It is important to consult an attorney as soon as possible to receive the best representation possible. Your best bet is to contact a professional intoxication assault lawyer who will fight for your rights and help you move forward with your life after an event like this.
Author: With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights
