There are thousands of reported assaults in San Diego every year. In addition to being a crime, assault is also an intentional tort. This means that you can file a personal injury lawsuit if you are the victim of assault. You can demand that your attacker pay you for any harm you suffered. Have you been the victim of an assault or battery in San Diego? If you have suffered any injury at all – physical, emotional, or financial – you may be entitled to compensation. Filing a personal injury lawsuit can allow you to recover money and hold your attacker responsible for their actions. At Injury Trial Lawyers, APC, we can help you maximize the financial award you receive. Call our San Diego assault injury attorneys to schedule your free consultation.
Assault & Battery Injury in San DiegoAssault and battery are widely known to be crimes in San Diego. However, both are also civil offenses. Specifically, assault and battery are what is known as intentional torts. This means that if someone intentionally assaults you or causes you harm, you can sue them for compensation. While the terms “assault” and “battery” are often used interchangeably, they are actually two different offenses.
Civil AssaultIn California, civil assault occurs when another person makes an attempt to threaten or harm you. In order to commit an assault, the person must have the present ability to cause harm. This simply means that they must be capable of carrying out the threat or attempt in that moment. When you file a civil assault injury lawsuit, you will be required to prove:
- The defendant threatened or attempted to harm you;
- It was reasonable to believe the defendant was about to carry out the threat or attempt;
- You did not consent to the conduct; and
- The assault was a substantial factor in your injury.
- Raising your fist in anger toward another person
- Threatening another person while holding a dangerous weapon
- Throwing an object in another person’s direction with the intent to scare or frighten, and
- Approaching another person and threatening to beat them up.
Civil BatterySimply put, battery is a successful assault. Battery occurs when another person intentionally makes harmful or offensive contact with you without your consent. When you file a civil battery injury lawsuit, you’ll have to prove each of the following elements:
- The defendant intentionally touched you in a harmful or offensive manner;
- A reasonable person would have also be offended or harmed;
- You did not consent to the touching; and
- The battery was a substantial cause of your injury.
- Punching, hitting, or striking another person with a fist or hand
- Harming another by throwing an object at them
- Touching another person in an inappropriate and/or sexual manner, and
- Using excessive force to subdue another person.
Compensation Available to Victims of Assault and Battery in San DiegoWhen someone else intentionally threatens or hurts you, it can do a lot of damage. You may suffer emotionally, psychologically, and even physically. The financial costs of your attack can add up quickly. Filing a personal injury lawsuit can allow you to get the money you need and deserve. At Injury Trial Lawyers, APC, our attorneys will pursue both economic and non-economic damages. Economic Damages. Economic damages are awarded to help you with the financial costs of your assault and/or battery. Commonly awarded economic damages include those for:
- Medical expenses
- Lost wages
- Property damage
- Nursing care, and more.
- Anxiety and depression
- Emotional trauma
- Pain and suffering
- Injury to reputation
- Loss of enjoyment of life, and more.