Personal injury as the result of others’ intentional actions is a grave matter. If a person is placed in apprehension of an impending attack that is an "assault." But battery happens when the attack results in physical contact.
Even slight touching forms the basis of a battery. It's all about context. Assault and battery can happen due to many circumstances – a heated argument, a bar fight, or a robbery. If you are left physically injured due to any similar circumstances in L.A. County you need to contact a Los Angeles personal injury attorney.
As a victim you must make sure you are taken care of. Whether through negotiations or a jury trial, you need the information at your fingertips. A good law firm will assure the legal issues are covered. You have enough to worry about as it is.
We will file the paperwork, and track down the people responsible. Also, we negotiate with the courts and insurance companies. Remember, it's not just an issue around you– we need to make sure that this aggressive person does not do the same to others. Ehline Law Firm specializes in giving personal attention to our clients.
So let us make this difficult time a little easier to cope with. If injured from non-consensual action, please call (888) 400-9721.
Table of Contents:
Why Assault or Battery Can be a Personal Injury Claim.
Assault can be more than just a criminal matter. If the intentional physical action was meant to cause harm, intimidation, or fright that's an assault. So you must know your options. This was not a mistake
. Arguably, an attempted robbery, an argument, or negligence are not by accident. No matter what the case, you have rights to representation.
There are three elements in an assault and battery injury injury claim:
- Victim must not be more than 50% at fault in most instances.
- Also, victims must have medical documentation to prove they suffered damages. (get to the doctor and police).
- The offender acted with negligence. (take down witness info).
How Ehline Proves Fault in an Negligent Attack Case.
First of all, no insurance exists for intentional assault or battery
. Because public policy disallows this
, the assets of the defendants remain at risk. The courts reason that people will buy insurance and beat people down. So it could encourage violence to cover intentional harm. Is this making sense so far?
- Assault and Battery Covered by Insurance. Examples and Explanations.
There are many cases where coverage may apply. What if the attacker was drunk? Or maybe they thought you were someone else? What if someone swung around too fast at an auto shop and hit you with a wrench? These are all examples of a negligent act. But someone was struck.
- Dangerous Premises and Negligent Hiring.
Another example is the nightclub bouncer assault. So intentionally, the bouncer struck the victim. But here, the club owner's insurance will cover it. So let's assuming the bouncer was without justification. In that case, a negligent hiring claim
may be sought. Insurance does cover negligence. Last, what about a bar frequented by gangs with a history of violence.
Let's say an innocent woman stops in for a drink. But the woman gets raped by a gangster after arriving. It could be the bar owner is liable for the rape for failing to provide security
. That's right. Don't give up. Call a lawyer. Explore your options as a victim.
Example of Negligent Hiring Case Ehline Had Against Gallagher's Nightclub.
In Mary Pfeifer v. Gallaghers
, our client tiny female client was choked by a bouncer. Her injuries included cervical lordosis and emotional trauma. The plaintiff suffered embarrassment in her community of Huntington Beach, CA
. When we demanded the surveillance video hard drive, Ehline forced a result of $50 thousand dollars.
So there can be cases where negligence was the basis of the claim. As a consequence, we find those responsible for the fight or altercation. Next, the attorneys present the evidence to the judge or jury. Let Ehline hold the accountable personal liable.
Comparative Fault Does Not Bar Recovery.
Let's say you were a little obnoxious. So perhaps you also had a role in the fight. Not to worry, your share of the responsibility can cause your settlement to reduce. So money is still there. But either way, collecting the judgment will be hard unless insurance comes into play.
Of course, hiring a lawyer helps avoid these contingencies. The lawyer will fight for a jury instruction that only allows negligence for example. Either way, proving fault and paying for it are two matters entirely.
Legal Representation in Civil Assault Cases.
The true representation can make all the difference. Meanwhile, victims deserve the best attorney money can buy. Our experienced staff only wins if you do. We organize the evidence, sway the judge and jury, and work towards the settlement or verdict
Damages awards include two types of compensation.
- Compensatory damages as the result of the harm and the medical expenses, loss of wages, or other costs.
- Punitive damages. These would compensate the intentional assault.
These damages are a signal from the court that reckless actions are not acceptable. So if you or a loved one were beaten up, don’t let it control you. The Ehline Law Firm Personal Injury Attorneys, APLC
investigate the incident, collect evidence, and interview witnesses. We also make sure witnesses know they must attend and testify court.
Of course, Ehline's assault and battery lawyers have the experience. And they also have the knowledge to take care of any Greater Los Angeles civil suit. So call us and learn more at (213) 596-9642
Civil Law. "Couple Files Suit Over Alleged Nightclub Beating at Gallagher's Pub in Huntington Beach." LawFuel. November 29, 2013. Accessed January 31, 2017. http://www.lawfuel.com/blog/couple-files-suit-over-alleged-nightclub-beating-at-gallaghers-pub-in-huntington-beach/
. Case result $50 thousand dollars.
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