Four Things to Consider When Filing an Assault Lawsuit

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The Kaufman Law FirmAugust 23, 2020Employment Law

When you turn on the television, one of the main phrases you may hear on a fictional or reality TV show is “I’m going to sue you for assault!”

However, what happens if you do really need to file a lawsuit against somebody who has assaulted you? It is important to understand how assault is defined in California, what type of evidence is necessary to prove an assault, and what type of compensation you may be able to receive in these cases. Yes, assault can be considered a criminal offense, but the victims can also recover compensation in a civil case. Importantly, the Kaufman Law Firm understands that assault in the workplace is detrimental to a person’s well-being and their ability to earn an income.

Is your case actually assault?

If you ask ten people for their definition of assault, you are going to get ten different explanations. Most people believe that assault is always some sort of physical contact between two people. However, that is not necessarily true. When we look at laws related to assault in California (Penal Code 240 PC), “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Yes, a person can be charged with assault for actually touching and harming somebody (in which case they will also be charged with battery). However, threatening to cause harm to somebody could also result in an assault charge.

Winning an assault lawsuit in civil court can be challenging, but is possible by obtaining sufficient evidence to prove the case. If the assault took place in the workplace, an attorney can help you:

  • Collect all evidence needed to prove liability (police reports, medical reports, eyewitness statements, video photo surveillance, etc.)
  • Assess all damages related to the assault
  • Analyze the wealth of the accused assaulter
  • File the lawsuit properly and within required deadlines

Should you file an assault lawsuit in civil court?

If you incurred any expenses related to an assault in your workplace, you should consider filing a lawsuit against the alleged assaulter. This can include expenses related to medical bills, any necessary counseling or therapy, lost wages, and more.

However, you and your attorney need to analyze whether or not the person you are considering filing a lawsuit against has the assets necessary for you to secure the compensation you are seeking. The alleged assaulter may have an insurance policy that could pay damages, but their ability to pay may be tied to their personal wealth.

In some cases, we may be able to file a lawsuit against a third party for allowing the assault to take place. For example, if your employer was aware that the alleged assaulter might commit assault, or if the employee had a history of this behavior, then the employer may also be liable for the incident.

We can help you with your case

If you or somebody you love has been the victim of assault, you should speak to an attorney about your case as soon as possible. At the Kaufman Law Firm, our knowledgeable and experienced Los Angeles employment law attorney is ready to analyze the facts of your case and determine whether you may be entitled to some sort of compensation. You can contact us for a free consultation by clicking here or calling us at 310-981-3404.

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