Assault & Battery Plaintiff Attorney in Encino, CA
Assault and battery are actually individual crimes but they are also intentional torts. Victims of intentional harm have a legal right to recover compensation for their injuries under California civil law, just like in other personal injury claims. At
Jacob Regar Law, I handle personal injury cases for people who have been
injured in an assault and battery attack. I help victims in the San Fernando Valley and throughout Los Angeles County recover legal damages from the person(s) responsible for their injuries.
What is the Definition of Assault and Battery in California?
You can sue an attacker for Assault when you can prove:
(a) a person acted with the intention to make a harmful or offensive contact with a victim, and
(b) the victim believed they were about to be so contacted.
It can also include scenarios where a person (a) threatens to harm a victim,
(b) the victim believes the person will act on the threat,
(c) the victim did not approve of the threatening conduct, and
(d) the threat caused the victim harm in some way. Of note, merely expressing threatening remarks does not amount to assault unless there is other conduct by the person making the threat to put the victim in apprehension of being harmfully contacted. The circumstances surrounding the threatening remarks will be relevant.
You can sue an attacker for Battery when you can prove:
(a) a person made contact with a victim or caused the victim to be contacted, with the intent to harm or offend the victim,
(b) the victim did not approve of the contact,
(c) the victim was harmed or offended, and
(d) it was objectively reasonable for the victim to have been offended by the contact.
It is worth noting that assault and battery do not always occur together. A person can be assaulted but never touched, thus, no battery would have been committed. A person can be battered without first being assaulted when, for example, they are hit unexpectedly and without having the opportunity to observe being hit.
Civil Liability for Committing Assault & Battery
People who commit violent and intentional acts like assault and battery can be criminally punished for their conduct. Additionally, violent offenders or "aggressors" may also face civil liability for the intentional harm that they caused their victims to suffer. You can contact my law office, Jacob Regar Law, to learn how a personal injury lawyer can help you obtain justice through the civil court process. The law provides for recovery of all legal damages that arise from the intentional harm.
Damages for Intentional Harm
When your harm has been caused by an intentional act like assault and/or battery, you may have the right to sue the attacker for the following measures of damages:
Economic – As with other personal injury cases, the victim can recover all reasonably associated out-of-pocket losses, such as, medical bills, loss of income and personal property damage.
Non-Economic – This measure of damages includes recovery for the pain and mental suffering that is associated with the victim's injuries.
Punitive – In contrast with negligence cases, intentional acts which cause harm trigger the right to recover punitive damages from the attacker. Punitive damages are meant to punish the violent offender.
In severe battery cases where the victim of intentional harm dies because of serious bodily injuries, the victim's heirs can bring a wrongful death action against the violent offender. You can view my webpage that explains how California's wrongful death statute works.
Examples of Assault
Assault can occur when an aggressor makes a threatening movement toward a victim and the victim believes they are about to get hurt in an attack. Also, when a victim perceives a punch, kick or push that is about to contact them, they have been assaulted. If an aggressor intends to scare a victim into believing they are about to be attacked and the victim has good reason to believe the aggressor will carry out the threatening conduct, an assault may be found to have been committed.
Examples of Battery
Battery occurs when an aggressor strikes a victim in some unlawful and/or offensive manner. If a victim does not want to be punched, hit, pushed, kicked, or struck by the aggressor or by some object that the aggressor uses to contact the victim, a battery is committed.
Defense to Battery Claim
If a victim of battery sues their attacker for damages, the defendant/attacker may defend the case by claiming they acted in self-defense or
defense of others. Self-defense is a legitimate defense to a claim of battery if the defendant can prove their action was reasonably based upon the belief that the plaintiff/victim was going to cause them harm or harm their property.
Additionally, a defendant may raise the claim of self-defense if they acted to protect from harm, a family member, employer, employee or guest. (This includes protecting the property of the other individuals listed here.)
To prevail on a claim of self-defense, the force employed by the defendant must have been reasonably necessary to protect person or property. It is a question for the jury whether defendant's force was justifiable under the circumstances. Defendant has the burden of proof of admitting factual evidence in support of their claim of self-defense.
What to do After an Attack
- Call the police and report the crime.
- Seek necessary medical treatment.
- Contact an experienced personal injury attorney.
- Gather available witness information.
CALL the Personal Injury Lawyer at Jacob Regar Law
No one has a right to intentionally harm you. When someone has harmed you through aggressive and violent conduct, you should know where to turn. As a personal injury attorney, I handle intentional harm cases. When you retain my law office after you have been injured in an assault and battery attack, I will fight back on your behalf and protect your rights. Jacob Regar Law is an advocate for assault and battery victims.
Get your FREE consultation by calling my law office today.
CALL (818) 588-0653 to speak with attorney Jacob Regar.