July 20, 2025 | Personal Injury
If someone attacked you in Scranton, PA, you may be wondering whether you can sue for legal damages beyond what happens in criminal court. The answer is yes. Victims of physical attacks have the right to pursue civil lawsuits against their attackers for compensation.
In addition to criminal charges the attacker may face, you can file a personal injury claim to recover damages for things like medical bills, lost wages, and emotional distress. Taking civil action can also hold the attacker financially accountable and provide a sense of justice. Continue reading to learn more.
Understanding Civil vs. Criminal Cases
Criminal cases and civil lawsuits serve different purposes when someone commits an assault. Criminal cases involve the state prosecuting the attacker for breaking the law. The goal is punishment through fines, jail time, or probation. Victims don’t control criminal proceedings and may not receive direct financial compensation.
Civil lawsuits allow victims to seek monetary damages directly from their attackers. These cases focus on compensating victims for their losses rather than punishing criminal behavior. You can file a civil lawsuit regardless of whether criminal charges are filed or the attacker is convicted.
The burden of proof differs between criminal and civil cases. Criminal cases require proof “beyond a reasonable doubt,” while civil cases only need proof by a “preponderance of the evidence.” This lower standard makes it easier to win civil cases even when criminal prosecutions fail.
Types of Damages Available
Victims of attacks can pursue several types of damages in civil court to compensate for their losses.
Common types of damages include:
- Medical expenses – Hospital bills, doctor visits, surgery costs, prescription medications, and rehabilitation services
- Lost wages – Past income missed during recovery and future earnings affected by permanent disabilities
- Pain and suffering – Physical discomfort and emotional trauma from the attack and resulting injuries
- Property damage – Repair or replacement costs for damaged personal belongings
- Punitive damages – Additional compensation in the form of punitive damages designed to punish particularly egregious conduct
- Mental health treatment – Counseling and therapy costs to address psychological trauma
These costs can mount quickly, especially for serious injuries requiring extensive treatment.
Elements Required to Win Your Case
You must prove several key elements to succeed in a civil lawsuit after an attack. First, you must show that the defendant committed an intentional tort such as assault or battery. This requires proving the attacker acted deliberately rather than accidentally.
You must also demonstrate that the attacker’s actions caused your injuries. Medical records linking your injuries to the attack help establish this connection. Witness testimony and police reports can provide additional support for causation claims.
Finally, you must provide documentation to prove the extent of your damages. Medical bills, employment records, and expert testimony help quantify your losses. The more thorough your documentation, the stronger your case becomes.
Challenges in Assault Cases
Several challenges can complicate civil lawsuits against attackers and affect your ability to recover compensation.
Common challenges in attack cases include:
- Unknown attacker identity – Difficulty pursuing lawsuits when the attacker cannot be identified
- Judgment-proof defendants – Attackers who lack sufficient assets or insurance to pay damages
- Conflicting witness accounts – Disputes about what actually happened during the incident
- Self-defense claims – Attackers who argue they were defending themselves from the victim
- Limited evidence – Insufficient proof to establish the attacker’s liability
- Statute of limitations – Pennsylvania law imposes a two-year limitation from the date of the attack to file a civil lawsuit. Missing this deadline usually means losing the right to sue forever.
Investigating the defendant’s financial situation helps determine whether pursuing a lawsuit makes sense.
Third-Party Liability
Sometimes parties other than the attacker may bear legal responsibility for your injuries. Property owners who fail to provide adequate security may be liable if attacks occur on their premises. Bars that over-serve alcohol to patrons who later commit attacks might face dram shop liability.
Employers could be responsible if their workers commit attacks while performing job duties. Security companies that fail to protect clients might face negligence claims. These third parties often have better insurance coverage and financial resources than individual attackers.
Investigating potential third-party liability requires examining all circumstances surrounding the attack. Professional legal assistance helps identify all possible sources of compensation for your injuries.
Contact the Scranton Personal Injury Lawyers at Fellerman & Ciarimboli, Law PC. for Help Today
If you’ve been attacked and are considering filing a lawsuit, contact Fellerman & Ciarimboli, Law PC. for help today. Our Scranton personal injury lawyers can walk you through the process during a free consultation.
Contact the Scranton Personal Injury Lawyers of Fellerman & Ciarimboli, Law PC for Help Today
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced personal injury attorneys. We proudly serve clients in Scranton, Kingston, Honesdale, Berwick, PA, and Columbia, Lackawanna, Luzerne, and Wayne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
436 Spruce St Suite 100, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Honesdale
520 Main St, Honesdale, PA 18431
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878
