Were you the victim of assault and battery? Assault and battery can potentially lead to significant physical, mental, and emotional harm. Regardless of the place where the attack happened, you may have the right to file a lawsuit and recover significant compensation. Do not be afraid to seek legal help for the harm that you or a member of your family suffered.

Las víctimas de delitos violentos, incluidas las agresiones con lesiones, tienen derecho a una indemnización monetaria por las lesiones sufridas. La información que figura a continuación se guía para ayudar a estas personas a obtener respuestas a preguntas jurídicas comunes regarding their injury claim.  If you have sustained severe  injuries due to the violent intentional acts of other individuals and have any further legal questions contact our Personal Injury Law Firm. All consultations with our lawyers are completely free of charge.

Understanding Assault and Battery

Although “assault and battery” is a term often used to describe an attack, it is important to understand that assault is different from battery. Consider the following breakdown of these terms.

Definición legal de agresión:

En Derecho anglosajón se define como "temor" a un impacto físico. En estos casos no se requiere que sufra realmente ningún tipo de contacto, sino que sufra el temor al impacto físico. La agresión suele implicar tres elementos.

1. Intencionado o amenaza ilícita de causar lesiones o daños a otra persona por medio de la fuerza
2. La situación en el momento de la amenaza creó miedo (apprehension)  of actual harm
3. El demandado tiene la capacidad en el momento para llevar a cabo la amenaza de daño

Definición legal de agresión: 

En el derecho anglosajón, la agresión se define como contacto físico realdonde hay algún tipo de impacto físico en la víctima.

Just like there could be assault with no battery, there could also be battery with no assault. Together, assault and battery represent the threat of violence and the actual. If someone approaches you waving their fists around as if to punch you, this is considered assault as their actions could represent a threat towards you. If they actually punch you, then this is the battery aspect. We understand that it can sometimes be difficult to understand exactly how your attack is classified. If you have any further questions, do not hesitate to reach out to the experts here at our law firm as soon as possible.

Can I File a Lawsuit for Assault and Battery?

Yes, you can. Of course, assault and battery incidents are often criminal matters, meaning that the victim can press charges and the attacker would likely be charged accordingly and possibly even sent to prison. However, this is not your only option. You could have the right to file a civil lawsuit for the harm that you suffered.

Understanding Your Right to Sue for Assault and Battery

Your right to sue for assault and battery is based on the concept of premise liability. Premise liability states that all property owners have a duty of care towards their guests or people on their property. In other words, property owners must inspect their premises to be able to identify and address any hazards or dangerous conditions that could ultimately lead to assault and battery incidents. If the hazardous conditions at a property contribute to your attack, then the property owner could be liable for your injuries,

Examples of Hazardous Conditions that Could Increase the Risk of Assault and Battery

These hazardous conditions could include the following:

• Zonas mal iluminadas
• Zonas aisladas
• No surveillance cameras
• A lack of security
• Failing to address rowdy guests

Ultimately, if the incident occurred at an establishment in which the property owner (or the management) failed to take action to prevent incidents, then the property owner could be liable, even more so when the establishment has a history of incidents or is in a high-crime area.

Qué debo hacer - Pasos a seguir tras una agresión física

• Póngase en contacto con la policía y presentar cargos contra el individuo que te atacó.
• Buscar atención médica para sus lesiones: Llame al 911 y haga que una ambulancia le traslade al centro médico más cercano.
• Gather evidence if possible: Get your hand on the name and contact information of the person who attacked you.

Gather evidence if possible: Get your hand on the name and contact information of the person who attacked you.

• If possible file an incident report with the property manager or security where the act of violence took place.
• If there are witnesses ask for their contact information.
• Do not speak with any individual representing the defendant or insurance regarding the incident. Any contact you make with them can and will be used against you.
• Seek legal help from an experienced personal injury attorney.

– Estadísticas sobre agresiones

¿De cuánto tiempo dispongo para presentar mi demanda?

This is a very important question. After all, failing to file your claim on time could result in losing the right to sue entirely. So, how long do you have to sue? Under California law, victims of assault and battery have two years to file their claims. What if the claim includes a government entity? Government claims must be filed within just six months. If the government entity responds or fails to respond, then claimants will have either six months or two years to file lawsuits. We understand that it could be difficult to understand the specific deadline that applies; therefore, we urge all victims of assault and battery to seek legal assistance with our legal team here at the Downtown L.A. Law Group as soon as possible. Our team will help you file your claim on time.

Places and Situations where Assault and Battery Incidents Take Place

Los incidentes más comunes que dan lugar a una reclamación por agresión con lesiones son los siguientes

• Peleas en bares nocturnos incluyendo ser golpeado en la espalda o el cuello por botellas de cerveza
• Uso excesivo de la fuerza por parte del guardia de seguridad, incluidos puñetazos y retenciones contra la voluntad,
• Peleas en el patio de la escuela
• Brutalidad policial, incluido el uso de porras
• Agresión sexual
• Luchas tras un accidente de tráfico
• Peleas de gamberros en estadios y eventos deportivos
• Conciertos de lucha

These incidents can happen anywhere, at bars, clubs, medical offices, banks, post offices, libraries, supermarkets, grocery stores, gas stations, hotels, motels, parking lots, etc. No matter donde your incident happened, it is important that you seek legal assistance as soon as possible – as you could have the right to sue and receive compensation.

Can I Recover Compensation for My Assault and Battery Claim?

Assault and battery is generally categorized as a criminal offense, however victims are entitled to recovery when they are attacked or suffer harm. Injuries can include both physical and emotional as well as recovery for loss of work.

The categories of compensation available for recovery could include the following:

• Gastos médicos
• Pérdida de ingresos
• Dolor y sufrimiento
• Gastos de sepelio y entierro
• Pérdida de consorcio
• Gastos jurídicos

Here at our law firm, our team is fully committed to getting you the maximum recovery available for your claim. Whether we have to negotiate a settlement or take your claim to trial to reach a verdict, you can trust that our team will go above it all to fight for your rights and get you the maximum payout available for your claim. For more information about the possible value of your claim or the average value of these types of claims, contact us today.

Infórmese sobre sus opciones de indemnización llamando al (855) 339-8879.

Recuperación por agresión con lesiones - Daños punitivos  

Under our legal system victims of personal injury due to the criminal or reckless actions of others may be entitled to punitive damage recovery. The purpose of punitive damages is to monetarily penalize to such an extent so that the at fault party will refrain from partaking in such action in the future.  Historically, punitive damage compensation was not limited; so theoretically, a victim could be awarded an unlimited amount of compensation via a punitive damage claim.  Under heavy pressure from corporations and business leaders, restrictions on punitive damages were instituted by various courts starting in the 1980’s. The United States Supreme Court has reiterated a punitive damages compensation cap at no more than 10 times the actual damages in numerous court decisions. California courts have followed 10 times actual damage cap on punitive damage compensation as well. This of course does not mean that every case where punitive damages are awarded will result in the victim receiving 10 times the actual damages suffered. The “appropriate” amount for punitive damages in civil injury cases is predicated on several factors.

• Si el perjuicio sufrido era de naturaleza física y no económica.
• The reprehensibility of the action. This is where the facts of the assault and battery come into palace. The age of the victim versus the defendant; for example, if the victim was an elderly person, or was a minor. The sex of the victim; for example, if the victim was a female and the criminal actor was a male. The vulnerability and susceptibility of the victim to serious injuries.

Estadísticas sobre agresiones sexuales

Establishing Fault  for Assault and Battery – Premises Liability Claims

In some instances, real estate owners may be held liable for acts of assault and battery which take place on their property.  Generally, there are two avenues of liability which can be imparted on the property owner. (1) Cases where an employee of the property owner or an employee of the business on the property commits the criminal act of assault and battery. (2) Cases where the violent crime is committed by a third party on the property.

1. In many cases, security personnel hired by the property owner or employees of a property owner or business establishment on the property commit act of assault and battery against a customer or innocent bystander. Under the agency theory liability can be established if the “agent” or employee of the owner criminal actions were in some way for the benefit or furtherance of the business activity of the owner. A secondary way to impart liability under the agency theory is if the employer acted under the guidance or direction of the owner, or if the instrumentality of tool used to harm the victims was provided to the employee by the employer. For example, if the security guard was given a taser by the property owner to use against customers at a bar or nightclub.
2. Responsabilidad del propietario por 3^rd party actions: Liability can be established for the actions of a third part if the property owner new or should have known of the dangerous actions of others on his property but failed to take any precautions or properly warn individuals who enter the property of the probability of harm caused by others. This can be established if there have been previous acts of harm committed on the property that the property owner had knowledge of but failed to secure the property from unlawful trespassers and known criminals.

Our offices have the resources to help maximize your recovery and help you recover for your loss. We have access to some of the best doctors in Southern California who will accept your visitation without any forward cost to you. The doctors work with us on medical lien and will evaluate your condition and provide treatment contingent upon your recovery. Recovery can be for your medical expenses, loss of wages for not being able to work and possible emotional trauma suffered. If you have suffered an assault and battery and are in the middle of criminal proceedings contact our offices at 855-385-2529, Downtown LA Law assault and battery attorneys of Los Angeles.

Demandar por la muerte por negligencia de un familiar: Survivors rights allow for the families of those who have died as a result of their injuries to recover on behalf of the deceased.   Such claim is known as Wrongful Death or Fatal Injury lawsuits in California. While such a claim is not a substitute for the harm suffered, it can provide closure to your case. Our offices have the resources to further your claim and our absolutely free case evaluation will help you determine the best course of action. With multiple offices around Southern California our assault and battery injury attorneys of Los Angeles can help with your recovery.

Más información sobre sus opciones jurídicas: llame al (855) 339-8879 para hablar ahora con un representante.

Lesiones comunes en casos de agresión con lesiones:

Numerous injuries can occur as a result of an assault and battery.  Based on our past cases our team has compiled a detailed list of some of the most common injuries resulting from acts of assault and battery.

Brain Injury resulting from blunt force trauma to the head: There are many signs and symptoms of a brain injury. Those who are suffering from any such symptoms should seek medical attention immediately. Loss of consciousness, short term memory loss, nausea and vomiting, loss of hearing, ringing in the ear and sensitivity to light.

Lesiones cervicales por latigazo cervical y daños en la médula espinal:  Victims of back and neck injuries can suffer lifelong chronic pain resulting in an inability to work and pursue daily activities. Back and neck injury victims should be evaluated by an orthopedic doctor specializing in spinal cord damage.

Huesos rotos:  Including fracture to the tibia and fibula, hand and wrist fractures, cracked ribs, skull fractures, and broken arms. Facial lacerations: Deep cuts and lacerations to the face often result in permanent scarring and disfigurement. Victims should have their scars evaluated by a cosmetic surgeon. Facial Injuries:  Broken or fractures to the nose, broken teeth, TMJ injuries to the jaw, hearing loss, and tinnitus (chronic ringing in the ear). Tinnitus is a major complication associated with damage to the ear drum. Victims should be evaluated and diagnosed by an ENT specialist.

Daños en órganos internos:  Including internal bleeding and hemorrhaging, organ failure, collapsed lung, damage to the pancreases resulting on acute pancreatitis, ruptured spleen and liver damage.

Other damages in such cases can include, pain and suffering, mental stress including post-traumatic stress, lost wages due to missed work, future earnings loss, medical expenses, including prescription drug expenses, doctor’s visits, and future physical therapy needs.

Recuperación civil frente a cargos penales en las demandas por agresión con lesiones

Civil recovery allows for the plaintiff or victim to recover civilly against the defendant. The standards of proof for civil assault and battery are substantially less then criminal. Thus, it is common for civil suits to be successful while criminal charges are denied. Victims of such violent crimes including assault, battery or death are entitled to recovery and our offices can help with your claim.

Consulta jurídica gratuita

Victims of assault and battery may have many questions regarding their case. We hope that we have been able to answer many of your questions here. However, if you have any further legal questions or if you would like us to review your case in person feel free to contact us. All cases review and consultations are provided by our experienced attorneys free of charge.

If you are ready to speak with our assault and battery lawyers to learn more about the legal options available to you, please do not hesitate to reach out to our law firm. Our legal team is fully committed to getting victims of assault and battery justice and securing the highest recovery available. Our Los Angeles assault and battery lawsuit lawyers are ready to guide you every step of the way.