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This is the Ultimate Guide to Compensation for Los Angeles Assault and Battery Claims
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Assault and battery are widespread in Los Angeles, and these cases have awful negative consequences for victims. If you are going through this, getting legal help is imperative, and this article tells you everything you need to know. There is so much apprehension by Los Angeles families over public schools forcing political ideology and the prosecutor allowing high crime that families who can afford to move are seeking justice and new homes in other states.
The complaints are that even when convicted or sentenced to prison, the guilty defendant will be released almost immediately to take revenge against the plaintiff they harmed, remaining a threat to the public at large. Even with jail time, the entire case can be avoided, leaving crime victims with few options but a similar outcome if they are attacked again in a Los Angeles assault.
And good luck getting a CCW to defend your family with a gun. Even if you do, be prepared to be jailed even though you acted in self-defense. If you can, you can try and file a civil case in Los Angeles County, California. (Woodland Hills, West Covina, etc.). Maybe your attacker had money or was on the clock, like a rogue police officer?
If you live in Orange County (Huntington Beach, Long Beach, Garden Grove, Santa Ana, etc.), you will probably have a better chance of the person pleading to criminal charges remaining behind bars. Either way, below, we will discuss the reimbursement in a civil lawsuit for assault or battery against the criminal who assaults.
What Are Assault and Battery?
In Los Angeles, criminal assault and battery are very common. Unfortunately, anyone can go through this, so getting lawyers to represent you is essential. Assault and battery cases are similarly defined as civil and criminal cases. The difference is the burden of proof. Since jail for up to six months is a risk in a criminal case, the prosecutor uses the beyond-a-reasonable doubt standard. Civil cases use the lower preponderance of the evidence standard.
Here are some basic definitions you must understand regarding assault and battery:
Assault
It occurs when someone apprehends an impending attack against them. In other words, it’s when someone tries to hurt you.
Battery
This happens with non-consensual, harmful, or offensive contact. On many occasions, it can result in serious bodily injury.
Can an Assault and Battery Case be a Personal Injury Claim?
Absolutely. If you want to take your case to civil court, you can. However, getting a Los Angeles assault and battery lawyer first is essential to get some legal assistance with your case.
Assault and battery lawyers are different from criminal defense attorneys. In the case of a personal injury lawyer, they will defend your claim as a plaintiff in civil court.
In other words, battery attorneys can help you file a civil lawsuit, provide you with a free consultation, and help you prove, without a reasonable doubt, that you are a victim and deserve a fair settlement for what the other person did. Your end game is compensation from your attacker or another responsible defendant.
How Ehline Law Firm Proves Fault
Hiring a Los Angeles assault and battery lawyer is challenging when you’ve never had legal counsel before. However, if you experienced assault or someone caused you bodily harm, you must take legal action.
Ehline Law Firm offers top assault and battery attorneys in Los Angeles if you want to file a lawsuit. If you want a free consultation, contact us today. However, there are other things you might want to know about our practice, so take a look at how we work with you to prove fault:
Gathering Evidence
Firstly, lawyers need to gather evidence. Thus, an attorney’s job is to prove that the person assaulted you or that there was actual physical contact that resulted in bodily harm.
Personal injury cases are challenging because experienced trial attorneys must get as much evidence as they can to prove things under California law.
Therefore, lawyers must do the following:
- Talk to police officers
- Gather information about the medical and psychological treatment you had
- Check the other person’s records to look for other violent crimes
- Get proof of your physical harm.
Battery assault can have a long-lasting effect on a person’s life, so when lawyers take assault and battery cases, they usually care a lot about the victim. Once the Los Angeles attorneys at Ehline Law Firm talk to police officers and get as much evidence as possible, our experienced lawyers will proceed to the next step.
Examining Proof of What Happened
If you want to prove that assault and battery occurred, you must have enough evidence to support your case. Los Angeles is a big city with thousands of false battery assault cases every year.
Therefore, the second thing that your lawyer must do is examine the evidence and determine what you should do after that. On occasion, aggravated battery can take place in your case, so this is something else that your lawyer must consider.
Interviewing the Victims
Some victims are afraid when the battery attorney talks about interviewing them, but if you want to get compensation for your medical expenses, you need to talk about what happened.
Assault and battery cases are often detailed and challenging. Multiple people can be involved in the case, and if you want to take it to criminal court and get monetary compensation, you must be completely honest with your lawyer.
Talking to Different People
Los Angeles attorneys at Ehline Law Firm are ready to talk to different people and get more evidence of bodily injury, physical contact, or physical harm.
Sometimes, assault occurs, and the victim can seek prosecution for either a misdemeanor or a felony. Battery defense lawyers will talk to witnesses and determine if there were intentional torts, grave physical violence, or great bodily injury if a deadly weapon was involved and if the case can be aggravated assault.
Making Sense of the Evidence
Once the attorney has enough evidence to help you with your civil case, they will make sense of it and help you put it together to get the maximum compensation possible.
Putting Together a Case
Physical battery and assault cases require assault victims to understand everything they’re doing before taking things to court.
In other words, you must understand the narrative you’re telling a court, and your lawyer will help you with this. Putting together a civil case means your attorney will organize the evidence and ensure it agrees with what happened to you, so you can tell the judge what occurred and get the settlement you deserve.
Defending You in Civil Court
Criminal charges, criminal cases, and civil court cases are completely different, and this is something you must keep in mind if you’re hiring Ehline Law Firm.
We have a team of Los Angeles personal injury lawyers who can help you prove that someone committed the intentional act of hurting you, regardless of whether or not there was a deadly weapon involved.
Suppose you sustained battery injuries and physical trauma due to the willful and unlawful use of weapons. In that case, you can put together a civil assault case and get fair compensation for having been a victim of such a violent crime.
What if the Property Owner Knew about the Dangers of the Area?
California assault and battery victims often wonder what would happen if the property owner knew a violent crime could happen in the area.
Your skilled attorney could help you file a claim for failing to provide security whenever that occurs. This is something that involves more than the intentional acts of committing a violent injury or leaving psychological trauma, so you must have a legal expert by your side to help you during the process.
Settlement Damages
You have learned about Los Angeles assault and battery attorneys and how these issues can be two distinct crimes so far. However, you must still understand what settlement entails.
The settlement includes the monetary compensation you get for someone else’s negligence. Thus, if battery occurs in Los Angeles, CA, and you prove that another person is at fault, you can get money for your medical expenses, pain and suffering, and psychological consequences. There are two types of settlement, and they are as follows:
Punitive Damages
These types of damages result from a violent act (physical damages), for example, using unreasonable force on someone and causing serious injuries. Therefore, a simple assault can represent punitive damages.
Compensatory Damages
On the other hand, compensatory damages include the monetary compensation you get for lost wages, medical expenses, and so on.
Your attorney-client relationship is one of the most crucial things you must consider when hiring a lawyer. Therefore, you must ensure the professional you contact is ready to help you and understands what you’re going through.
If someone intentionally attempted to harm you or caused you physical injuries, you deserve to get legal representation and recover damages for the pain and psychological effects you’re suffering.
However, not every lawyer might be empathetic enough to understand your pain after an assault/battery. This is why understanding how to identify the ideal attorney to represent victims is crucial. At Ehline Law Firm, we take pride in saying that our clients are our top priority. That’s another reason we provide a free initial consultation to discuss your assault/battery case and two different types of charges/claims. We always listen to your concerns and story and take a long time to gather as much evidence as possible and fight for you over your civil assault/battery action in Southern California.
Contact Ehline Law Firm Today and Get an Assault and Battery Lawyer in Los Angeles to Help You in Civil Court
When you are assaulted and acting in self-defense and suffer physical and psychological consequences of what happened to you, you’re probably in pain, confused, concerned, and sad. You might even feel lonely and hopeless. Sure, the defendant might face criminal charges or a wobbler offense. But how does that cover reimbursement of your lost future earnings, emotional distress, long-term medical bills, or reconstructive surgery bills from an assault/battery case?
Once the criminal defendant facing battery charges pays their defense lawyer, fines, and penalties, where does that leave you? Getting legal services from an experienced personal injury attorney is crucial during this process, and it’s exactly what we can offer. Our team of experts in Los Angeles is committed to helping you, so contact us today to schedule a free consultation to discuss your legal options if you need legal help.
Don’t let this force or violence by an assailant drain your bank account further. Don’t hesitate to call our proven advocate, Michael Ehline. We can be reached 24/7 to discuss monetary damages and present your ability to afford legal services in a confidential, secure environment at (213) 596-9642.
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