Statute of Limitations for Assault and Battery Injury Claims – California
Individuals who have sustained injuries due to the intentional acts of assault and battery as well as other acts of violent crime have the right to seek monetary compensation for their losses against all at fault parties. Criminal acts resulting in injury can take place anywhere including nightclubs, in the workplace, at school, in public transportation systems such as buses and trains, and in the home. An important factor in determining the viability of a case is whether the statute of limitations for filing a claim has run its course.
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After suffering assault and battery, it can be difficult to figure out how to proceed. It is essential that you act with urgency. For more information about the total length of time that you have to file your assault and battery claim, do not hesitate to contact the experts here at our law firm as soon as possible. Our lawyers here at the Downtown L.A. Law Group are ready to evaluate your claim and help you file your claim as quickly as possible. If you are ready to speak with one of our lawyers, contact our lawyers today.
What is a Statute of Limitations?
A statute of limitations is essentially a deadline that applies to claims. A statute of limitations establishes a time limit for claimants to file their lawsuits. If claimants fail to file their lawsuits within the time that is allowed by the statute of limitations, then claimants can risk losing their right to sue.
What Deadline Applies to My Claim?
If the Statute of Limitations has passed before a lawsuit is filed, then your rightful claim is barred permanently. It is vital to seek attorney representation as soon as possible before any statutory deadlines eliminate your right to recovery.
Two Years to File and Assault and Battery Injury Civil Case – Under California Code of Civil Procedure section 335.1 an individual (plaintiff) has two years from the date of the intentional act, “An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
What does this mean? If you were harmed after an assault and battery incident in California, your assault and battery claim will be subject to a two-year statute of limitations. Therefore, you will have two years to file your lawsuit. In general, this is the statute of limitations that applies to assault and battery claims given that the there was no city or government agency involved in the incident.
Six Months to File a Lawsuit Against Government Agencies – Victims of violent crimes at the hands of government agencies including police officers have six months (180 days) from the date of the act to file a claim, specifically an administrative claim, with the agency.
After filing the initial administrative claim, the government agency will have 45 days to respond to the claim. Given that the agency responds within this time and denies your claim, you will have an additional six months to file your lawsuit in court (from the date that you receive the denial). If the agency fails to respond, you will have two years (from the date of the incident) to file your lawsuit.
Without a doubt, the deadlines that apply to government claims are among the most complicated; therefore, we recommend that you seek legal assistance as soon as possible. Our lawyers are experts on government claims and can help you file your lawsuit within the applicable deadlines.
Exceptions to the Stature of Limitations. In certain instances California courts will toll a statute (halt the statutory deadline for a period of time). Some common situations where the court will permit a tolling of the statutory period includes.
- Mental Incapacitation following the injury
- The injured party is a minor – the statute of limitations will be tolled and will not begin to run until the victims 18th birthday
- Physical Incapacitation following the injury
- The injury did not manifest itself until a later time after the act of abuse, battery, or assault took place – under these circumstances the statute of limitations will run from the date where the injured party knew or should have known of the injury
It is important to highlight that these exceptions to the statute of limitations do not get rid of the deadline to sue entirely, but rather just pauses or tolls it for some time. These exceptions are strictly based on the details surrounding the specific incident; therefore, you should never assume that your claim is subject to exceptions to the statute of limitations. Instead, you should seek legal help as soon as possible to ensure that you have a thorough understanding of the time that you have to sue.
Examples of Assault and Battery Incidents and Possible Statute of Limitations
Unfortunately, assault and battery incidents are very common. Assault and battery incidents often occur at the hands of security guards in businesses, stores, bars, and nightclubs, for example. In these cases, victims and their families could pursue claims against the property owner and sometimes the security guard company (in cases where the guard was hired through a third-party company). Assault by security guard incidents would typically be subject to the normal two-year statute of limitations – which has already been discussed above.
Let’s consider a similar security guard assault and battery incident but at different locations. Let’s say that the incident occurred in a government office, like city hall or the post office, at a public school, or even on public transit. In this situation, injured victims and their families will have grounds to file government administrative claims for the harm resulting from the incident as public schools, city buses, etc. are parts of city agencies (whether it’s a school district or transportation agency). Similarly, assault and battery incidents involving police officers also leave victims with grounds to pursue government claims. These incidents would all be subject to the six-month deadline for government claim that was discussed in the previous sections.
If you or a loved one suffered harm after an assault and battery incident and you are unsure of the deadline that applies to your claim, it is essential that you seek legal assistance as soon as possible – our assault and battery lawyers are ready to help you file your claim on time.
Filing a Lawsuit – What types of Compensation Available: Victims of personal injury caused by the negligent or intentional acts of others are entitled to compensation for all their losses including,
- All medical expenses and future medical and rehabilitation costs
- Pain and Suffering including emotional trauma leading to depression and post traumatic stress (PTSD)
- Loss of income and future loss of earnings
- Wrongful death benefits, which can include loss of consoritium and funeral/burial costs
- Punitive damages – where possible
- Legal Fees
For more information about the specific compensation that you could be eligible to recover if your assault and battery claim is successful, do not hesitate to contact the experts here at our law firm as soon as possible. Our lawyers are ready to aggressively fight for your right to recover the highest settlement available for your assault and battery claim.
Contact the Downtown L.A. Law Group Today
Here at the DTLA Law Group, our lawyers have decades of experience handling all sorts of injury claims, including assault and battery claims. You can trust that our lawyers can provide you with the guidance that you need to sue for the injuries caused by the assault and battery incident. It doesn’t matter whether this is a private entity or a city entity – our lawyers are ready to aggressively fight for your rights and help you recover the payout that you are owed.
Here at our firm, we offer free legal services, including free consultations and free second opinions. During these free legal services, our lawyers will be available to answer your questions and address all of your concerns, making sure that you have all the information that you need to pursue your assault and battery claim. We offer a Zero-Fee guarantee, so that you will never be required to pay any upfront legal costs for our legal services. In addition, we work on a strict contingency structure, so you will not be responsible for paying legal costs until winning your claim. If you do not win, you simply will not pay anything.
Contacting an Attorney – To speak with an attorney regarding the filing of a personal injury claim for injuries suffered due to an act of violent crime contact our law offices toll free (855) 339-8879. All consultations regarding your case are free of charge.
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