Santa Monica Assault & Battery Injury Attorneys
Helping you recover from violent crime.
Victims of assault and battery should file criminal charges against their assailant, but, in criminal court, it is sometimes difficult to prove the assailant’s guilt “beyond a reasonable doubt.” That’s why if you have been the victim of assault, battery or other violent crime, you may be entitled to recover damages from your assailant in civil court.
The difference between assault and battery.
Under the legal definition of assault, there doesn’t need to be any physical contact. A person can be held liable for assault in civil court if they had the intent and ability to cause bodily harm, and if the victim had cause to believe that they were about to be personally harmed. Battery, on the other hand, is caused by harmful or offensive touching that causes injury.
In personal injury claims for assault and battery often arise from the same event, however, it is possible for one to occur without the other. IN both cases, victims may be entitled to seek compensation.
What can you recover from an assault and battery lawsuit?
In cases involving either assault or battery, victims may be entitled to compensation for losses and injuries in the form of damages. In cases where the victim experiences little to no physical or emotional harm, filing a lawsuit may not be worthwhile. However, when an assault or battery leads to physical harm, hospitalization or medical attention, filing a personal injury lawsuit will help the victim receive compensation to help pay for medical bills, lost wages and pain and suffering.
The standard of proof is lower in civil court.
When suing your assailant in civil court for the damages they caused, it requires only a “preponderance of evidence” to prove your case. So if your assailant was not convicted in criminal court, it is not necessarily an indication that you would not be able to recover damages from them in civil court. This is why it is important to consult with the experienced attorneys of Schwimer Weinstein as soon as possible to discuss your legal options.
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