Los Angeles Assault and Battery Lawsuit Attorneys
Helping Victims of Assault Receive Just Compensation
People tend to associate assault and battery with criminal cases, but this wrongful act can also form the basis of a personal injury lawsuit. Filing a personal injury claim for assault allows you to recover monetary damages that can help you cover your hospital bills and other expenses if you have been injured or suffered due to the assault.
If you have been assaulted on someone’s property, you may be able to file a premises liability claim for negligent security. Cornered and beaten at a sporting event or threatened by a partner? You can sue for these offenses, too. Whatever the situation, the Law Offices of Gary Berkovich can help. Our Los Angeles assault and battery civil lawsuit attorneys understand how fraught and difficult such cases can be. Though nothing can take away the pain of what you have already experienced, we can help you get back on your feet. We are here to help ensure that you receive the justice and compensation you deserve for having to suffer through your ordeal.
What Is Assault?
Assault occurs when an individual performs an intentional act that either causes bodily harm or presents a threat to do harm. This means that assault claims do not have to involve actual violence—only the threat of violence. “Battery” is the term often used for injury caused by actual acts of violence, though it can generally be used interchangeably with “assault.”
Should I File a Civil or Criminal Claim?
A typical personal injury claim relates to an accident, such as a car crash or slip and fall. In assault cases, the situation that led to injury was an intentional act.
In the field of law, an assault is known as an "intentional tort" and can be followed up by a civil claim, criminal claim, or both. Criminal cases punish the perpetrator for their act, usually through jail time or community service. The purpose of a civil lawsuit is to provide monetary compensation to the victim via the perpetrator. Our firm deals with the latter.
How Long After Assault Can You Claim Compensation?
In California, you have 2 years from the date of the injury to file a claim for compensation for assault and battery. Be sure that you are able to provide evidence or relevant documents such as police reports or medical bills to support your claim.
What Needs To be Proven in an Assault Lawsuit?
To file a civil assault lawsuit, you must be able to prove the following:
- The defendant committed an intentional action
- This action intended to strike fear in the plaintiff
- The plaintiff experienced physical harm or reasonable apprehension of immediate harm
Do I have a Civil Assault Claim?
The intention to cause harm, through threats and other tactics, is the crux of civil assault claims. If a person felt as though they were going to be harmed by another’s actions, it counts as assault even if they weren’t. This means that you can file a claim even if you weren’t actually injured, as long as you can prove that a genuine threat of harm was present.
Some examples of potential grounds for civil assault claims are below:
- During a heated domestic argument, a person raises a fist and threatens to hit their partner
- After a sporting event, fans of one team surround a fan of the opposing team and threaten to beat them up
- While crossing the street, a car coming towards you accelerates as though going run you over before abruptly stopping at the last second
- A coworker threatens you harm if you report an indiscretion to their boss
- Someone points a fake gun that looks real at a peer and threatens to shoot
- Someone points a real gun at you and threatens to shoot
More broadly, you may be able to file a civil lawsuit for the following:
- Simple assault
- Assault with a deadly weapon (ADW)
- Domestic violence
- Sexual assault
- Vehicular assault
We are here for you. Call (818) 290-8942 to learn what your options are after being a victim of an assault in Southern California.
There are three main categories of damages which can result from an assault:
- Economic damages: These are tasked with reimbursing the plaintiff for any costs and expenses associated with the assault. Economic damages vary based on an individual’s specific losses, but often include medical bills and lost income.
- Non-economic damages: Compensation for "pain and suffering" and other significant losses that don’t have a set monetary value fall into this category.
- Punitive damages: In assault claims, putative damages may be available to claim as a form of additional punishment to the defendant. An assault generally must be particularly serious or outrageous to be eligible for punitive damages.
Whether or not you should pursue compensation depends on many factors, including the perpetrator’s assets. If you try to sue someone for assault who doesn’t have much monetary support to spare, you may be out of luck. A lawyer can help you determine whether pursuing legal action is the best course of action.
Small Firm Dedication, Large Firm Results
When you work with our team, you get a family of individuals who not only care about you, but who can also fight until you get the recovery you need and deserve.
Personalized & Timely Strategies
We understand the stress that comes from being injured and we have made it our mission to provide both personalized and efficient strategies in a timely matter so that you can focus on your recovery.
Service Focused on Your Needs
Whether you need help with your case, or with finding medical care, the Law Offices of Gary Berkovich is here to walk alongside you.
Dedicated & Experienced Attorney
Attorney Gary Berkovich has over 20 years of legal experience defending the rights of the injured.