Attorney for assault victims in Los Angeles
According to California’s penal code, an assault is an attempt or a threat to commit a violent injury against another individual. California’s battery laws state that battery is the willful and unlawful use of force or violence against an individual.
If you have been a victim of assault and battery, you have a legal right to sue your attacker(s) for damages. In cases such as these, it’s not necessary for the defendant to first be tried and convicted in a criminal court of law or even be charged with a crime. You can file a civil lawsuit against the defendant.
In civil lawsuits, the defendant doesn’t need to be found guilty “beyond a reasonable doubt”. Jurors in civil cases need to make a determination that it’s “more likely than not” that the defendant in question was legally responsible for injuries to the plaintiff. This is known as a “preponderance of evidence” and, in cases in which the defendant has a proven case history, it may be easier for the defendant to be found liable.
Unfortunately, assault and/or battery cases are commonplace occurrences. If you’ve been a victim of assault and battery, you should file a police report and seek medical treatment for any injuries. When an assault and battery incident results in serious or even permanent injuries, a personal injury lawsuit may be your best option to get compensation.
Gregory A. Yates, Los Angeles attorney for assault victims, has more than 30 years of experience handling personal injury cases.
Your first steps
In a civil case for assault and/or battery, the burden of proof is on the plaintiff. Proving your case requires that you provide a preponderance of evidence that the defendant assaulted your and caused the damages that you wish to claim.
Talk to any witnesses of the incident. They may have knowledge of things that occurred prior to or after the assault itself, including any statements or actions made by the defendant which may further explain his or her intent. If you or anyone at the scene of the assault recorded a video of the incident, it can serve as further proof of the intent to harm on the part of your assailant. Does the defendant have a history of assaulting others? Was the defendant in a position of authority over you that resulted in a higher level of fear and intimidation?
In order to prove your damages, collect all bills resulting from the assault including medical bills and hospital bills for any surgery or other procedures. Collect evidence of lost wages as well as the pain and suffering that resulted from the attack.
The degree of the assault and battery is taken into consideration along with the extent of your injuries and the long-term effects. For example, if you experienced a serious head injury which resulted in a coma and long-term rehabilitation, this affects that amount of financial compensation you may receive.
Speaking to an attorney
Due to the complexities with these types of cases, you need to hire the best attorney for assault victims. In Southern California, that would be Gregory A. Yates, L.A. attorney for catastrophic injuries.