Assault and Battery as Personal Injury Claims

There are various ways that you can be hurt on a daily basis, but assault and battery instances are among some of the most troubling. They involve deliberate attempts by individuals to harm you, and you may be severely injured in the accident and riddled with fear. If you have been hurt by someone else, you may be able to file an assault and battery lawsuit against the responsible party. In some cases, you could even file a personal injury claim for negligence against the party that was negligent enough to let it happen. No matter what course of action you choose to follow, you should seek out the assistance of a skilled assault and battery lawyer. Our attorneys at Normandie Law Firm have the ability to win you the maximum compensation for your case, and we will not give up on your claim until we are fully satisfied with the result.
What is assault?
Assault is an intentional act that is deliberately meant to cause apprehension and imminent or forthcoming harm. The apprehension of harm is all that is needed for the action to be considered assault. Therefore, it is not necessary that the individual be touched or struck.

This is why verbal assault exists. Threats, promises of harm, rage, and other instances can be considered assault. As long as the individual feels that he is in danger, the foundation for assault is laid.
Additionally, aggravated assault is assault committed with the intention of committing a serious crime or done with a deadly weapon. This is a criminal charge and is often the precedent or accompaniment to rape, robbery, and other instances. It also includes sexual assault.
What is battery?
Battery is an intentional act of harm. It is generally physical and is the counterpart to assault. The harm can occur directly and immediately, such as in fist fights; indirectly and immediately, such as when objects are thrown at people; or indirectly and remotely, such as when traps are laid for individuals or when requests are made for people to be harmed.

Battery is generally done in situations with no consent or when the force was necessary. It is not often cited in instances of self defense, for example.

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Who is responsible in assault and battery cases?
Because assault and battery is generally carried out by one person unto another victim, there is often no discussion of who can be held accountable. If you were punched and beaten by someone at a bar, for instance, you would likely only claim that the violent offender could be held accountable.

Although this is true and the offender can be targeted in both civil and criminal courts, you also must consider the role that other parties play. To return to the above example, it is possible that the bar was partially responsible. Bartenders and establishments have a duty to stop or refrain from serving alcohol to individuals who are visibly intoxicated. Doing so may further cause a decrease in inhibitions and may fuel violent tendencies. They also may have security guards who are meant to oversee the crowd and ensure no fights break out. Establishments should also protect guests and not have areas where people are overly vulnerable and can be harmed. Additionally, if the individual was barred from the establishment, kicked out, blacklisted, or banned, and yet he still remained outside waiting to start an altercation, it could be on the establishment if physical injuries occur to you in an incident.

Therefore, it is possible that you could file a lawsuit against the establishment for negligence in the assault and battery case. You cannot sue the party directly for assault and battery but simply for personal injury.

Assault and Battery in ER’s, Hospitals and Urgent Care Facilities

People have been ruthlessly assaulted in hospitals, emergency rooms and emergency departments, as well as in urgent care facilities. When you have experienced an assault and battery in a hospital, it can be particularly distressing, as you go to the hospital or urgent care clinic for help when you are already ill, sick or otherwise injured. To be beat up in the hospital is an unusual event, and one that can traumatize a person for many years to come.

The emotional scars from being beat up at a hospital can last for many years to come after the initial event. People who have been beat up at a hospital can feel:

• Anxious
• Embarrassed
• Humiliated
• Angry
• Upset
• Hurt
• Physical pains
• Broken bones
• Bruises
• Traumatic brain injury
• Emotional distress
• Suffering
• Mental pain
• Back pain
• Facial pain
• Broken teeth
• Broken jaw

Assault and Battery in the Doctor’s Office

If a person is assaulted, it is difficult to recover from the damages without being similarly traumatized by the encounter. In a doctor’s office, no one expects to go to the doctor’s office and become a victim of an assault. In the case that you were assaulted in a doctor’s office, you need to call our law office immediately. We can review your situation with you, and discuss your next steps to initiating a lawsuit against the wrongdoers.

Beaten Up at a Private Home or in an Apartment Building

If you have been beaten up at a private home or in an apartment building, you need to call our law office immediately. People who live in private homes or in an apartment building are still responsible to care for the safety and security of the individuals who they invite over to their homes for a party. If you are injured and assaulted in a private home or in an apartment building, call us right now to learn your next steps to initiating a lawsuit against the homeowner or apartment building renter who gave the party or event. You have a right to be in a private home or in an apartment building without being assaulted and battered for having been an invited guest and visited there.

If an event is held at a private home or in an apartment building, then the person who lives there needs to ensure that the party, event or gathering does not get out of hand. No one expects to visit a private home or in an apartment building and get assaulted and beat up. If that does happen, you do not need to suffer in silence. You can give us a call to discuss your next steps in this type of claim and case.

Were You Beaten and Assaulted During a Party?

Most people do not go to attend a party expecting that they will be beaten up to a pulp during the festivities. In the event that you have been beaten up and assaulted during a party, you then need to give our law office a call. The person who was in charge of throwing the party is responsible to keep the guests at the party safe from outside aggressors, who will “beat them up” at a party or gathering. If you are at a social gathering and are beaten and assaulted, you can bring a lawsuit against the people who arranged the party in that case.

What Is the Property Owner Liability for an Assault and Battery on Their Property?

The property owner is going to be liable for an assault and battery that occurs on their property. This principle is in effect because the property owner of a property is responsible for what happens on the property that they own. They are expected to review the goings on at their property, and to remove anyone who is violent or a threat of violence to anyone else visiting their property in a peaceful way. If the property owner does not care who is injured on a property he owns, that person will have to answer to the law when someone is injured on his property.

Were You Assaulted in a School or University?

If you were physically assaulted at a school or university, you are able to bring an action against the school for the personal injuries resulting from that assault. No one attends a school or university expecting to be assaulted for being at the school or university. You have a right to be able to walk around freely at a school or university, and if someone commits assault and battery against you, that person is operating against the law.

You can initiate a lawsuit against the institution where you were assaulted. It is the school and university’s responsibility to keep the outside and inside environment and areas around the school safe for all of the students. The students are there to gain their education, and pay the school for the privilege and right to be on campus to get their education and learning. Are the students paying to be assaulted and battered? We think not, is the correct answer. Therefore, if you are assaulted and battered at school or at university, call our office to talk to a knowledgeable lawyer on our legal team.

We can help you to get the compensation that you need when you are assaulted at a school or university and have loss of income, medical bills or other expenses related to the attack and assault. You are eligible for a full recovery compensation package, related to your pain and suffering, personal injuries and other traumas and emotional issues that you went through from being attacked and assaulted in a school or university. Just give us a call today!

What kind of injuries can I suffer in an assault and battery?
Assault and battery can result in numerous kinds of injuries. Some individuals may not refrain from causing more harm and you could be left seriously hurt. Some of the damages that can arise include:

• Broken bones
• Fractures
• Nerve damage
• Concussions
• Closed head injuries
• Traumatic brain injuries
• Brain damage
• Dislocations
• Sprains
• Strains
• Torn muscles
• Blunt force injuries
• Crushing damages
• Puncture and stab wounds
• Lacerations, bruises, and abrasions
• Coma
• Paralysis

You should be sure to take appropriate legal actions and seek ample medical treatment if you were hurt in an assault and battery. Your injuries may be long-lasting and could trigger old damages too. Some of the injuries may simply never go away and can linger on forever. Our assault and battery lawyers will be able to win you the compensation you deserve.

What proof do I need to sue for assault and battery?

If you wish to sue for assault and battery, you should have ample proof. It can be very hard to prove that a specific individual hurt you, and you should make sure that you have substantial evidence. This can include the following:

• Pictures of the injuries you suffered
• Proof of medical treatment, including doctor’s notes, X-rays, MRIs, and more
• Receipts from the hospital showing the payment you made
• Videos of the assault, whether from other individuals or from security cameras
• Interviews and statements from bystanders who witnessed the assault and battery occur
• A copy of the police report after responding officers submitted it to the station
• A history of the perpetrator’s actions, if applicable
• Evidence showing how another party was responsible, such as bar tabs, banned lists, contracts, and more

All of this evidence can be gathered together by one of our assault and battery lawyers. We will organize it and ensure that it is effective. We will then include our own evidence, like expert witnesses, and create the package to send to the responsible party. We will be able to target the individual’s insurance, homeowner’s insurance, or estate, depending on the magnitude of the incident.
What can I receive in an assault and battery lawsuit?
Victims of assault and battery incidents can receive a large amount of compensation for their damages. The worth of the case is determined by the extent of the injuries they received and how impactful they were. If they caused a noticeable change in your life and you were unable to complete your daily activities or job duties, your case could be worth a lot of money. However, if you were not seriously hurt, you will likely not be able to collect a large sum. Each lawsuit will be valued by an insurance agent responsible for handling the claim, and he will make an offer a few weeks after receiving the letter. If the offer is not high enough, we will negotiate a better deal.

As a victim of assault and battery, you could receive the following forms of restitution:

• Medical treatment from the past and future for hospitalization fees, ambulatory transportation, surgery, medication, physical rehabilitation, and more
• Property damage if any items were lost or broken, such as your phone or laptop
• Missed wages from your job if you could not go to work, and future lost income as well
• Pain and suffering damages for your emotional trauma, anxiety, fear, PTSD, psychological scarring, and more
• Punitive damages, which are additional monetary amounts handed out in times of gross negligence or intentional harm; however, these damages are generally regarded as excessive or harsh, and only qualified lawyers will be able to win them

You should be given the maximum compensation available for your case, and we promise to strive to win you every bit you deserve.
What is the deadline to file assault and battery claims?
The statute of limitations in the state of California to file an assault and battery claim is 2 years from the date o the injury. F you do not file a lawsuit within this time, you will be unable to collect any compensation in the future. The statute of limitations allows both parties ample time to defend and collect evidence. A deadline also promotes efficient handling of cases and ensures that proof will not be lost or corrupted.

In some situations, the statute of limitations can be extended. These exceptions are often granted to those who were underage at the time of the assault, who were left incapacitated in its aftermath, and whose cases had absent defendants. When the individuals turn legal age, return to normalcy, or when the defendants return to the state, the statute of limitations would begin or resume.

The Firm for You

Normandie Law Firm has a team of attorneys with experience in assault and battery claims. We have been handling such lawsuits for years, and our attorneys have decades of combined experience in the area. We are known for our relentless pursuit of compensation and we do not settle for less than what you deserve. If we need to go to court to win your case and defend your rights in front of a judge and jury, we are willing to do so.

To set up a free legal consultation with one of our lawyers, call our firm today. We will answer your questions, discuss the legal process, and tell you what we feel your lawsuit is worth. If you hire us, we will give you our zero fee guarantee, which promises that you won’t have to pay us any money at all for our help. We will only get paid from the insurance agency and only if we win; if we lose, we take nothing at all.

For the best assault and battery attorneys in Los Angeles, call our firm, Normandie Law Firm.

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