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Personal Injury Lawsuits After a Violent Assault

Posted on in Criminal Defense

violent assault, San Jose personal injury attorneys, assault victims, assault and battery, aggravated assault injuriesAn assault can happen at the hands of a stranger as the result of a random altercation, or it can stem from disagreements and arguments that turn violent with someone you know. When you are a victim in this type of attack, it can leave you suffering serious and potentially disabling personal injuries as a result. While law enforcement and the courts can help you hold your attacker responsible under California criminal laws, you could be left with the financial costs. In these situations, you may be entitled to compensation through a personal injury lawsuit.

Assault and Battery in California

Under Chapter 9 of the California Penal Code, assault involves a threat or taking actions meant to harm another individual, while battery involves actually causing physical harm through an attack. Those who commit these types of acts can face severe penalties, including heavy fines, mandatory community service, and a lengthy jail sentence. Defendants can end up facing aggravated assault charges, depending on the victim, the severity of the harm done, or if there was a weapon involved in the crime.

The San Jose Police Department reports that close to 2,000 people are victims of aggravated assaults occur each year in our area, while thousands more suffer attacks of lesser, varying degrees. These types of incidents can occur in the following situations:

  • As the result of a random attack;
  • In bar and nightclub fights;
  • At sporting events;
  • As the result of motor vehicle accidents and ‘fender benders’;
  • In school-related incidents; and
  • In arguments involving neighbors, friends, or family members that turn violent.

Compensation for Assault Victims

In addition to being held criminally liable for an attack, perpetrators can be held legally liable for the injuries you suffer as a result. Through the California Victim Compensation Board, you may be entitled to compensation for some of your financial losses. To be eligible, you are required to cooperate with law enforcement in prosecuting the crime, and the application process can be lengthy. You may be at a disadvantage if the defendant was not charged or convicted, and the amounts awarded may not cover the total amount of your current or future costs.

While you are encouraged to pursue this type of compensation, you may want to speak with our San Jose assault and battery attorney about filing a personal injury lawsuit. Even if the perpetrator is not charged or convicted, he or she can still be held liable through the civil courts, while any judgement you receive can be enforced through wage garnishment and liens or levies on his or her home or other property.

Damages you may be entitled to include:

  • Current and future medical expenses;
  • Lost wages and future losses in earnings;
  • Compensation for pain and suffering;
  • Punitive damages, which is an additional amount the court awards in cases involving particularly willful and wanton conduct.

To discuss your rights in filing a claim, call or contact Jachimowicz Law Group online today. Our passionate San Jose personal injury attorneys will act as a strong legal advocate on your behalf, helping you to get justice in your case.

Sources:

http://www.sjpd.org/CrimeStats/crimestats.html

https://victims.ca.gov/victims/coverage.aspx

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