When you’ve been physically hurt by someone or even threatened, not only should you contact the police and file a report, you also need to talk with a personal-injury lawyer to see if you need to file a civil lawsuit against your assailant as well.
Many people refer to assault and battery as it if is one crime. However, in California it’s actually two separate crimes.
- Assault is defined as an unlawful attempt to harm another person. Assault does not have to involve physical contact between the aggressor and the victim.
- On the other hand, battery is defined as any kind of force or violence used against another person. Depending on how severe the battery is, there are different degrees of this crime.
CRIMINAL VS. CIVIL CASE?
When a case is criminal, the state District Attorney’s office assumes the lead. However, if you want compensation for your injuries, you need to bring in a personal-injury attorney so you can file a civil lawsuit.
In a civil court, the question of criminal guilt is not addressed. Instead, the court decides if the defendant should compensate you for physical and emotional suffering he/she caused.
FINANCIAL AND MEDICAL RECOVERY
Types of monetary compensation available in a slip and fall include:
- Medical Expenses
- Pain and Suffering
- Punitive Damages
- Lost Wages
- Emotional Distress
- Loss of Consortium: Your spouse is compensated for the loss of your moral support, help around the house and physical intimacy.
At Avaness Law, we encourage you to contact us if you have been a victim of assault and/or battery so we can explain your legal options.