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.
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.”
Filing 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 with the agency.
What is the Statute of Limitations has Run – Is there any way I can get out of this.
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
- 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
- Punitive damages – where possible
In April 13, 2012 I was the victim of a violent crime I was 17 years old at the time. I was using an ATM machine at a 7-Eleven As I exited the store two guys approached me and tried to rob me I ran and I was shot in the back I am now paralyzed from the waist down, The guys that shot me were caught and have been arrested it’s going to be five years this year in April and we have not gone to court yet my question is is it too late for me to file a claim?
I’m a school employee that was assaulted by a mother of another student who breached security got into campus to physically assault a female student in a gang retaliation incident. I was injured and subsequently was permanently disabled out. Due to my mental state
and retaliation by my employer I was not operating with full capacity. Can I still sue the assailant even though the assault happened 2/4/16 I did return to work on a reduced schedule for 4 months. I suffer from PTSD-Aniety-depression -Vertigo- cervical &!Spinal injury and urgently havec2 fractured wrist due to a vertigo fall!
I am now disabled due to being attacked by my husband in 1994. I. called the police who didnt help me or arrest him nor call ambulance for me. Ive been having problems majority my life since and 2014 I had mobility issues since cause he damaged my back and pelvis. He later stalked me attacked me again and was arrested.