NFL Star’s Chef Dispute Turns Violent: Legal Options for Assault Victims

In a shocking turn of events, New England Patriots wide receiver Stefon Diggs was recently charged with felony strangulation and misdemeanor assault and battery following an alleged altercation with his private chef over a pay dispute. According to reports, the chef claims Diggs slapped her and attempted to choke her, leading to serious charges and a pending court case. This incident shines a spotlight on the legal options available to victims of assault, particularly in situations involving power dynamics and potential financial disputes.

Understanding Assault and Battery: What Are Your Rights?

In the eyes of the law, assault and battery are distinct but often related offenses. Assault is defined as an intentional act that creates a reasonable fear of immediate harmful or offensive contact. Battery, on the other hand, involves actual physical contact that is harmful or offensive to the victim. In the case of Stefon Diggs, he is facing charges for both.

If you have been a victim of assault and battery, it’s essential to understand your rights and the legal avenues available to you. You may be able to pursue both criminal charges and a civil lawsuit against your attacker.

Criminal Charges vs. Civil Lawsuit: What’s the Difference?

It’s important to understand the difference between criminal and civil cases. Criminal charges are filed by the state, with the goal of punishing the offender for their actions. A conviction in a criminal case can result in jail time, fines, and a criminal record.

A civil lawsuit, however, is filed by the victim against the attacker. The goal of a civil lawsuit is to recover damages for the harm caused by the assault, including medical expenses, lost wages, pain and suffering, and emotional distress.

You can pursue a civil lawsuit even if criminal charges are not filed or if the defendant is found not guilty in a criminal trial. This is because the burden of proof is different in criminal and civil cases. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt,” while in a civil case, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the assault occurred.

Legal Options for Assault Victims: A Step-by-Step Guide

If you have been the victim of assault, here are the steps you can take to protect your rights and seek justice:

Report the Assault to Law Enforcement: The first step is to report the assault to the police. This will create an official record of the incident and initiate a criminal investigation. Provide as much detail as possible, including the date, time, location, and a description of what happened.
Seek Medical Attention: Even if your injuries seem minor, it’s important to seek medical attention. A doctor can assess your injuries, provide treatment, and document your condition. This documentation can be valuable evidence in a legal case.
Gather Evidence: Collect any evidence that supports your claim, such as photos of your injuries, clothing you were wearing at the time of the assault, and contact information for any witnesses.
Consult with a Personal Injury Attorney: An experienced personal injury attorney can advise you on your legal options and help you navigate the complex legal process. They can investigate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.
File a Civil Lawsuit: If you decide to pursue a civil lawsuit, your attorney will help you file a complaint with the court. The complaint will outline the facts of the case and the damages you are seeking.
Negotiate a Settlement: In many cases, assault lawsuits are settled out of court through negotiation. Your attorney can negotiate with the defendant or their insurance company to reach a fair settlement.
Go to Trial: If a settlement cannot be reached, your case may proceed to trial. At trial, you will have the opportunity to present evidence and testimony to a judge or jury.

Types of Damages You Can Recover in an Assault Lawsuit

If you win your assault lawsuit, you may be entitled to recover various types of damages, including:

Medical Expenses: This includes the cost of medical treatment, such as doctor’s visits, hospital stays, physical therapy, and medication.
Lost Wages: If you were unable to work as a result of your injuries, you can recover lost wages.
Pain and Suffering: You can recover damages for the physical pain and emotional distress you have suffered as a result of the assault.
Emotional Distress: Compensation for emotional trauma, anxiety, and psychological harm resulting from the assault.
Punitive Damages: In some cases, the court may award punitive damages to punish the defendant for their egregious conduct.

Premises Liability: When a Property Owner Is Responsible

In some cases, the property owner where the assault occurred may also be liable for your injuries. This is known as premises liability. Property owners have a duty to provide a safe environment for their guests. If they fail to provide adequate security and an assault occurs as a result, they may be held liable.

For example, if an assault occurs in a bar or nightclub due to inadequate security, the property owner may be liable for your injuries. Similarly, if an assault occurs in an apartment complex due to negligent security measures, the property owner may be held responsible.

The Importance of Legal Representation

Navigating the legal system after an assault can be overwhelming. An experienced personal injury attorney can provide invaluable assistance by:

Investigating your case and gathering evidence
Negotiating with insurance companies
Filing a lawsuit and representing you in court
Maximizing your chances of recovering fair compensation

Seeking Justice and Healing

If you have been the victim of assault, you are not alone. There are legal options available to help you seek justice and recover from your injuries. By understanding your rights and taking the necessary steps, you can hold your attacker accountable and begin the healing process.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have been the victim of assault, it is essential to consult with an experienced personal injury attorney to discuss your specific legal options.