Were you physically attacked by someone working as a delivery driver for UPS? The idea that someone could be beaten up by a delivery driver seems outrageous, but these incidents are not unheard of. Typically, the incident starts with a verbal argument, maybe over a parking spot or misdelivery, and somehow, things escalate into a physical altercation. Of course, it goes without saying that drivers must never put their hands on someone else, unless it’s in self-defense (for example, to push away a customer that tries to slap or punch them).
As an assault victim, you probably want to know: what are my rights if I was assaulted by a UPS driver? In this article, we will provide an explanation of what you can do if someone working for UPS physically attacked you. However, this is an overview of the basics regarding your rights as an injury victim. Each case involves its own set of circumstances that impact the victim’s rights and their eligibility for a lawsuit against UPS. For more information from a lawyer that can help you sue for assault and battery by a UPS driver, reach out to us as soon as possible.
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Who can I Sue if I was Assaulted by a UPS Delivery Driver?
So, the first answer to this question that comes to mind is the delivery driver, i.e., the assailant that physically attacked you. However, it’s possible that you may have grounds to sue UPS, the driver’s employre. According to California law, employers can be held accountable for injuries caused by their workers under a concept known as vicarious liability. The most obvious example is careless driving by a UPS delivery person, which results in a car accident where someone else is injured. Since the accident happened within the scope of employment, USP is liable for the victim’s medical expenses, lost wages, and other monetary damages.
Based on the circumstances, the same legal principle may be applied to an incident of assault and battery. However, you will need to establish some degree of negligence by the employer, which means they failed to take reasonable measures that could have prevented you from being harmed. For instance, many of these companies tend to blow off customer complaints about inappropriate conduct, especially during times of the year when the need for drivers is at an all-time high. Even if they confront the worker about the incident, many of these cases result in “slap on the wrist” consequences, even after multiple violations.
UPS’s failure to take punitive measures, including termination of employment, may allow you to sue the company if a delivery driver assaulted you. But this is not the only example of negligence that can serve as the basis of a personal injury claim. Perhaps inadequate screening procedures were used during the hiring process, or UPS was aware that the applicant had a history of violence, yet they hired the person anyway. Maybe once they were hired, there was a failure to supervise or train the employee according to industry standards.
When you look at all the issues that may be involved, it’s easy to see why a lawsuit for assault and battery against UPS is so complicated. Don’t worry, since we have an experienced team of assault and battery attorneys at your disposal.
Value of a UPS Driver Assault and Battery Case
Because assault and battery incidents tend to result in serious injuries, even lawsuits on the lower end are probably worth between $100,000 and $500,000. Many of the people we’ve represented ended up with $1,000,000 and above, with some cases exceeding the $5,000,000 mark. Such high values are normally associated with permanent disability due to an incident of assault and battery.
We would like to stress the importance of emotional trauma when it comes to figuring out settlement values for a physical assault. These incidents are very damaging to your psychological state, and most people struggle with symptoms of PTSD, like severe anxiety, mood disorders, and panic attacks. Based on the severity of your symptoms, you may be eligible for emotional distress and other non-economic payments.
How Long it Takes to Reach a Settlement
It will probably take between 1 and 2 years to settle an assault and battery lawsuit, though the actual amount of time will vary from case to case. At our law firm, some of these cases are settled within 4 to 6 months, though this is a rather fast timeline. The vast majority of claims against major corporations like UPS take quite a bit longer, and this is due a variety of factors that are beyond our control. Overall, it’s very unlikely that your case will go to trial, so we anticipate that a settlement will be reached by exchanging offers and counteroffers. The problem is how long it will take to achieve a payment amount that both sides agree on. Based on the degree of injury, 12 or months is a realistic timeline for how long it takes to settle a UPS delivery driver assault and battery case.
If I Want to Sue UPS, How Much Time Do I have?
Victims in California have 2 years to file an assault and battery lawsuit, starting from whenever they were attacked. There are very few exceptions to the rule when it comes to the filing deadline for an injury claim. One possibility is if your injuries were serious enough to physically / mentally incapacitate you, to where you were unable to file a claim on time. Simply put, most people will not meet the standards required by the court to allow for an extension if they miss the statute of limitations. By contacting our law firm, you can be sure that a lawsuit will be filed on time if you were assaulted by a UPS employee.
Free Legal Services
The assault and battery lawyers of Normandie work under a policy known as the Zero Fee Guarantee. With this system, you pay $0 when you sign up with us, as we take all cases on a contingency basis. In essence, we ask that UPS pay for the costs associated with our services. This payment is a part of the settlement you receive form a successful lawsuit. So, if we fail to recover your settlement, you owe us absolutely nothing in legal fees.
It all starts with a free consultation to learn about your rights and legal options, which you can schedule by contacting our office.
Other Pages on Our Website Related to This Topic
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