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Average Value of a Security Guard Assault and Battery Lawsuit

Assault and battery by a security guard can leave victims with truly devastating damages. Beyond the physical injuries that can come as a result of excessive force, there is also the mental and financial trauma that is bound to arise afterward. When an individual is wrongly assaulted by a security guard at a store or other place of business, that individual has every right to sue the security guard company or place of business for the damages they have endured. Victims of assault and battery cases often ask their attorneys a wide variety of questions regarding the value of their case. Fortunately, our attorneys at Normandie Law Firm have expertise in not only discerning the value of your case but also fighting for our case in court. If you have any questions after reading this article, please feel free to reach out to our law firm for a free consultation by one of our skilled legal advisors.

The Value of Your Case
A large number of clients who come into our law firm looking for assistance in their security guard assault and battery case often ask our attorneys a wide variety of questions regarding the potential value of their case. In most cases, those who ask for their case value or average case value already have an attorney, however, are unsatisfied with the attorney’s services thus far. Fortunately, at Normandie Law Firm our attorneys are committed to offering our clients all the resources they may need to successfully file their claim regardless of whether or not they have an attorney already. Some of these frequently asked questions include:

  • How much are my security guard assault and battery case worth?
  • What are the average value of a security guard assault and battery lawsuit
  • What is the average compensation amount for a security personnel physical assault case

Usually, how much your case is worth depends on some factors that are not easy to generalize. For example, your assault and battery case can be worth more if you sustained damages that affected your lifelong well-being. On the other hand, you are more likely to receive a smaller settlement if your assault and battery case resulted in relatively minor damages. This difference in potential value can affect any settlement average that we can calculate. While it is possible to calculate a settlement amount average, there is no guarantee that your case would apply to that average.

That is not to say that determining your case value is impossible, however. The best way to calculate the value of your case is to add all the compensable damages that make up your specific case. These compensable damages typically fit into three different categories: economic damages, noneconomic damages, and punitive damages.

In most cases, economic damages make up a significant amount of your overall case value as the components that make up these damages all have definable economic values. Some of these economic damages include the following:

  • Medical Expenses: These are the costs that a victim must endure for the hospitalization of the initial injury and any further treatment needed in the future because of this injury. These expenses often make up a significant portion of a settlement value.
  • Loss of Wages: These compensatory damages meant to reimburse the victim for any wages lost from the injuries. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time.
  • Loss of Potential Future Wages: Sometimes injuries can be so severe that the victim may lose the ability to perform at the same level they had before their injuries. To determine this amount, a complicated formula is used that involves the examination of the victim’s projected earnings and the impact that the damages may have had on the victim’s ability to find and perform future work.

Noneconomic damages are a little more challenging to define as they are made up of damages that don’t have a universal monetary value. In calculating these damages, it is in your best interest to seek the assistance of a skilled attorney. However, it is still useful to understand the components that make up these damages:

  • Pain and suffering: This damage is compensated to a victim based on the pain and suffering they endured from their injuries. This amount is often calculated by the use of a pain multiplier that has the victim identify their level of pain on a scale of one to ten.
  • Emotional Distress: This form of compensation is offered to victims that have experienced any emotional trauma suffered due to the injuries. The compensable amount of emotional distress often varies from state to state.
  • Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship

Punitive damages are considered one of the most difficult damages to fight for. These damages are added to the value of your case as a way to punish the defendant and to deter them from engaging in similar actions in the future. Lesser attorneys will often settle a case without fighting for these damages. However, our assault and battery attorneys at Normandie Law Firm are committed to providing our clients with all the resources they need to earn the damages that they demand; punitive damages included.

Assault and Battery
When determining the value of your security guard caused assault and battery case it is helpful to understand the elements that makeup assault and battery charges. For starters, Assault is considered the crime of threatening another individual without making any physical contact. This details of this definition tend to vary from state to state and can include threats or threatening behavior against another person. Assault cases come in one of the three following degrees:

  • Third Degree: Third-degree assaults are usually charged as misdemeanors and typically involve things like DUI accidents, or other simple assaults.
  • Second Degree: Second Degree assault is considered a Class D felony. This can include assaults that cause bodily injuries or assaults made against a peace officer.
  • First Degree Assault: This is the most serious assault charge, and is considered a Class B felony. This can include aggravated assault with a deadly weapon or an assault causing severe bodily injury.

Battery, on the other hand, is defined as the intentional offensive or harmful touching of a person without their consent. Battery typically requires that the following is true in the case:

  • Intentional touching
  • Harmful or Offensive Touching
  • No Consent From the Victim

Battery doesn’t always require that there is an intent to harm the victim. Instead, it is only required that the defendant have an intent to make contact or cause contact with an individual. Just like Assault, battery can come in three differing degrees as well, and they are listed as follows:

  • First-Degree: Involves use of dangerous weapon
  • Second-Degree Assault: Also involves the use of a dangerous weapon but varies depending on the intent behind the bodily harm or the level of physical harm.
  • Third-Degree: This form of assault occurs when a person attempts to injure another person, but does not, or when a person does injure a person, just not physically.

Victims of assault and battery caused by a security guard have every right to file a lawsuit against them if it is shown that said security guard did not use reasonable force when performing their job. However, when filing any lawsuit, it is important to understand the essential components that make up that specific suit.

As to help you grasp an idea of how much your case may be worth, we’ve compiled a list of example assault and battery verdicts. These verdicts are listed as follows:

  • The security guard was found negligent when a security guard used pepper spray to control a crowd. One teenager was killed by a gunshot, as the crowd rushed from the dance hall. The teenager’s parent was also shot in the leg. The case reached a $950,000 settlement.
  • A security guard was found negligent when a customer at a gas station was fatally shot during a robbery. The victim’s family reached a $2,000,000 verdict.
  • A plaintiff was rewarded $460,000 for recovery when inadequate security leads to them getting stabbed while in the parking lot of a nightclub.
  • A plaintiff was awarded $500,000 for recovery when a non-functioning lock on the door leading to a home invasion. The plaintiff suffered a skull fracture, subdural hematoma, and partial, one-sided hearing loss
  • A plaintiff was rewarded $400,000 in recovery when they were stabbed as a result of negligent security at a nightclub.
  • A twenty-year-old pharmacy student was rewarded $5,670,000 in compensatory damages and $10,000,000 in punitive damages after they were abducted from an apartment complex parking lot as a result of inadequate security.

Filing a Lawsuit
If you have been injured by a security guard or bouncer at a store or other place of business you may be eligible to file a claim for significant monetary compensation. Security guards are expected to use reasonable force when apprehending someone. They are also expected to conduct their business in a non-negligent manner. If you have been injured after being attacked by a security guard, you can sue the security guard company either for their negligence, or their negligent hiring. With any claim of negligence, you must be able to prove that the defending party acted negligently successfully. A successful negligence claim will typically require that you can prove the following:

  • Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (property visitor) owed a legal duty to the plaintiff under the particular circumstances of the case.
  • Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failing to act appropriately
  • Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
  • Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.

If you have been injured as a result of assault and battery case you can choose to either file a civil suit or criminal suit against the security guard or security guard company. Civil suits won’t end up in the defendant serving a jail sentence for the damages and are far easier to resolve as they require a lesser burden of proof. Criminal lawsuits are often more difficult for the victim as they require the victim discuss the details of the incident before a jury of strangers. The burden of proof in criminal lawsuits is also far higher, however for victims of assault and battery seeing their attacker serve time in jail is far more rewarding than a monetary compensation amount.

Regardless of the circumstances of your assault and battery case, it is in your best interest to seek representation from a lawyer experienced in fighting for cases of this nature in court. Having a skilled attorney on your side can mean the difference between filing a successful claim for compensation and having your case dismissed from court entirely.

How Normandie Law Firm Can Help
If you or a loved one has suffered the damages of assault and battery as a result of poorly trained or negligent security, you may be eligible to file a lawsuit for the damages that you have had to endure. Those who file their case with our Los Angeles law firm could find some if not all of the following damages compensable to them:

  • Past and Future Medical Bills
  • Loss of Wages
  • Loss of Potential Future Wages
  • Pain and Suffering
  • Emotional Distress (depression, anxiety, PTSD, etc…)
  • Punitive Damages

At Normandie Law Firm our experienced attorneys can assist you in not only fighting our case but helping you determine the settlement average or value for your assault and battery settlement. Our attorneys practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.

Free Second Opinions
Some attorneys are lazy, and will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.

Zero Fee Guarantee-No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.

 

 

 

 

 

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