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Recovery from Injuries Due to Assault and Battery

Posted on in Personal Injury

CA injury lawyerAccidental injuries can happen due to a variety of situations. However, there are plenty of cases in which the injuries you suffered were caused intentionally. You may have been a victim of assault and battery injuries which was committed by someone you know or due to violent interactions with strangers. In either situation, the person who committed the act can be held personally liable for the medical costs, lost wages, and other damages you suffer.

Assault and Battery Injuries

Under the California Penal Code, an assault occurs when someone attempts to commit a violent act on another with the ability and intent of causing injuries. A battery is the actual use of force or violence on another person. Both actions can result in serious criminal charges.

In addition to the criminal penalties perpetrators face, such as fines, court costs, and a potential jail sentence, they could be forced through the courts to pay restitution to the victim. While this may cover some of your medical costs and expenses, it may not cover any long-term damages you suffer as a result. In addition to the emotional trauma and the potential for scarring, assault and battery injuries can have major impacts on your overall health:

  • Soft tissue injuries: Muscle or tendon strains, sprains, and tears are common in assault cases. Once an injury occurs, it is even more susceptible to sprains or even tears in the future.
  • Back and neck injuries: When being pushed, shoved, or punched causes you to move improperly or suffer a fall, you run the risk of serious back and neck injuries. Slipped or herniated discs and fractured vertebrae can limit your movements and leave you suffering from chronic pain.
  • Head injuries: Any type of bump, blow, or jolt to the head can result in concussion or traumatic brain injury (TBI), which can have permanent impacts on your physical, cognitive, and emotional health.

Compensation For Assault and Battery Injuries

According to reports from the Santa Clara County District Attorney's Office, more than 2,000 aggravated assaults occur in San Jose each year. While these involve serious criminal cases, even more minor alterations can cause major harm. Through a personal injury lawsuit, you may be entitled to compensation for the damages you suffer. This includes:

  • Medical expenses, to cover any ongoing treatments, medications, therapy, or other expenses;
  • Lost wages, which include current lost income and any future losses in the event of permanent disabilities;
  • Pain and suffering, to compensate you for the mental anguish you or your family suffers as a result of an assault;
  • Punitive damages, which is an additional amount you may be entitled to if the suspect's actions were particularly reckless and negligent.

Contact Our Bay Area Attorneys for Help

At the Jachimowicz Law Firm, we understand the devastating impacts an assault or battery can have on your life. We are dedicated to helping victims in these cases get the compensation they need to recover. Contact our experienced San Jose assault and battery injury attorneys today at 408-246-5500 and request a free consultation.

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?chapter=9.&part=1.&lawCode=PEN&title=8 .

https://www.sccgov.org/sites/da/newsroom/newsreleases/Documents/2018NRDocs/CSU%202017%20Annual%20Report.pdf

 

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