Los Angeles Assault and Battery Attorney
Most of us think of assault and battery as a criminal offense, and it very well may be. Many people don’t know that if they experienced an assault or battery that they also have the right to bring a civil assault and battery lawsuit against the wrongdoer. If convicted of criminal assault and battery the wrongdoer may go to jail. But whether or not the person who hurt you is convicted of a crime or whether the district attorney brings charges, you have the right to bring a civil assault and battery lawsuit against them to compensate you for the damages they caused you.
Damages You Can Recover
If you bring a civil assault and battery case against someone who hurt you, you may be eligible to receive compensation for:
- Physical injuries
- Emotional distress
- Loss of a loved one who is killed or disabled
- Medical costs
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of financial support
- Damage to other physical property
- Punitive Damages
The Most Famous Example
The most famous such civil trial was the O.J. Simpson case. Though found “not guilty” of murder in a criminal court, O.J. Simpson was found guilty in a civil assault and battery lawsuit and ordered to pay his victims’ family millions of dollars. O.J. Simpson was convicted in civil court when he couldn’t be convicted in criminal court because the burden of proof in a civil court is different than in criminal court.
Though Santa Monica assault & battery attorney David Olan would not take a criminal case (because he is not a criminal attorney), he is highly experienced in civil assault & battery lawsuits.
Under the Law: Assault and Battery
“Assault” and “battery” are really two separate concepts. We say “assault and battery” because the two usually go together — but not always.
“Battery” is knowingly touching someone in a way that’s harmful or offensive.
“Assault” is knowingly placing someone in fear of an imminent battery. This may happen if someone charges at you, threatens to hit you, waves a weapon at you, or threatens to touch you in an offensive way. It may even be assault if someone merely tells you that they are about to injure you or touch you offensively. Sexual harassment also may lead to a civil assault and battery lawsuit.
There May Be Others Liable
Sometimes you can’t bring a civil assault and battery lawsuit against your attacker. The authorities may not have caught him yet. Depending on your particular situation, there may be other entities responsible for what happened to you. These may include:
- The owner or the person who controls the premises where you were attacked (such as a business or school)
- Your attacker’s employer, if your attacker was on the job or using company property at the time
- Local, state, or federal government entities, in such circumstances as police misconduct or failure to warn of your attacker’s sex offender status
- People who helped your attacker to assault and/or batter you. This might include a gun dealer or someone who was there but didn’t stop it.
The Cost of a Lawyer
In most situations Santa Monica assault & battery attorney David Olan takes civil assault & battery cases on a contingency basis. This means that you pay no fees until your case is resolved.
How Much Time You Have
In the law there are deadlines (statutes of limitation) by which time you must file your civil assault and battery lawsuit. If you miss the deadline, you are giving up your Constitutional rights to ever bring a lawsuit for this assault & battery.
Contacting Santa Monica assault & battery attorney David Olan as soon as possible is also best for your case. This allows David Olan to begin investigating your case, take statements from you and from witnesses before memories fade, and ensure that records are not lost.
Contact Santa Monica assault & battery attorney David Olan at Olan Law today for a free, no-obligation consultation.
Assault & Battery
Questions & Answers
Q: Can I sue the person who beat me up even if the district attorney refuses to press charges against them?
A: The district attorney determines if there are criminal charges to be filed against the person who assaulted or battered you. Whether the D.A. files criminal charges or not, you can still file a civil assault and battery lawsuit to recover compensation for any damages you suffered.
Q: What is the difference between assault and battery?
A: In California, Penal Code 242 defines assault and battery as “any willful and unlawful use of force or violence upon the person of another.” Assault is to attempt violence. Battery is to commit violence.
Q: What is the statute of limitations to file an assault and battery lawsuit?
A: In most situations the statute of limitations for assault and battery is 2 years. There are exceptions to this deadline. These exceptions can include becoming mentally or physically incapacitated after an injury; if the victim under the age of 18; or the injury didn’t present itself until after the fact. It’s important to talk to a Los Angeles assault and battery attorney as soon as possible because if you miss the deadline to file a lawsuit, you give up all rights to ever file.
Q: How long do I have to file an assault and battery lawsuit against the police?
A: Police officers work for a police department, which is a government entity. An assault and battery lawsuit against any government entity has a different statute of limitations than a general assault and battery lawsuit. The deadline to file an assault and battery lawsuit against a police department — or government entity — is typically 180 days (6 months) from the date of the incident.
Q: Can I sue a child on behalf of my child who was assaulted?
A: Until your child is 18 years old, they cannot bring a lawsuit on their own. You can bring a lawsuit on their behalf before they are 18. You actually would not sue the child, but the parents of the child or their legal guardian. Children usually cannot be held liable for causing someone’s injuries, but their parents or legal guardians can be. There is a legal cap on how much compensation a parent or legal guardian can be ordered to pay.
For a free, no-obligation, confidential consultation, contact David Olan.