After an assault, you may wonder, "Do I really need a lawyer?" California's assault claim laws are complex, involving criminal and civil proceedings. Understanding your rights and the potential benefits of legal counsel is critical for fair compensation, recovering damages, and navigating the claims process.

While pursuing a claim without a lawyer is possible, legal help is often beneficial. An experienced assault injury attorney can help you understand the legal aspects of your case.

Table of Contents:

• Understanding Assault and Battery Under California Law
• Civil vs. Criminal Assault Cases
• Damages in Assault Injury Claims
• Factors to Consider When Deciding if You Need a Lawyer
• Benefits of Hiring a Lawyer
• Navigating the Claims Process
• Real-Life Example
• Conclusion

Understanding Assault and Battery Under California Law

Before discussing legal representation, let's define assault and battery under California law. California Penal Code § 240 defines assault as an attempt, coupled with present ability, to inflict violent injury upon another person. Even without physical contact, a threat can be assault.

Battery, under Penal Code § 242, is the willful and unlawful use of force against another. Battery requires physical contact, however slight. Victims of assault and battery can sustain injuries and incur medical expenses.

Civil vs. Criminal Assault Cases

Assault can be a crime and a personal injury tort. Criminal charges aim to punish the offender. A civil lawsuit seeks monetary damages for injuries and losses caused by the assault, such as medical bills, lost wages, pain and suffering, and emotional trauma. Many face civil lawsuits in California after an assault case.

Burdens of proof differ. Criminal cases require proof beyond a reasonable doubt. Civil cases use a "preponderance of the evidence" standard (more likely than not). Someone can be liable in a civil case even if not guilty criminally.

Damages in Assault Injury Claims

Assault victims can recover economic damages, like medical costs (including rehabilitative treatments) and lost wages. They can also recover non-economic damages like emotional trauma and pain and suffering. In some cases, punitive damages are awarded. You could be awarded lost wages in an injury lawsuit.

California's statute of limitations for filing a lawsuit is generally two years from the incident date. Be sure to file a timely injury claim within that time period to pursue an assault case.

Factors to Consider When Deciding if You Need a Lawyer

Several factors influence whether you need a lawyer:

• Severity of Injuries: Serious injuries mean higher potential damages, making legal representation valuable for maximizing compensation. Mild injuries might be handled without a lawyer if insurance negotiations are easy. For instance, victims with a traumatic brain injury would be best suited getting legal advice.
• Complexity of the Case: Complexities like self-defense claims benefit from legal expertise. A straightforward case with admitted fault might be manageable alone. Injury attorneys can help if there was any bad faith at play.
• Insurance Company Involvement: Insurance companies often minimize payouts. A lawyer handles negotiations. If they act in bad faith, legal action can address this.
• Your Comfort Level: If navigating legal procedures and paperwork is uncomfortable, get an attorney. Having legal representation eases stress.

Benefits of Hiring a Lawyer

Lawyers provide valuable support in injury claims, especially with personal injury law. Experienced personal injury lawyers understand personal injury lawsuits. They're skilled negotiators ready to handle insurance companies, letting you focus on recovery.

Lawyers know how to prove facts to receive proper damages for civil assault or battery. They ensure you meet deadlines and file all necessary legal paperwork. Injury lawyers help collect evidence for injury damages and advise how much compensation an injured person should get.

Navigating the Claims Process

The claims process typically involves reporting the assault, gathering evidence (police reports, medical records, witness statements), and filing a claim with the at-fault party's insurance.

If negotiations fail, filing a personal injury lawsuit (intentional tort) is the next step. This is followed by discovery, settlement negotiations, and possibly trial. It is important to remember victims can receive significant compensation from successful personal injury claims. Some victims do not understand how much their case is worth, leaving them to accept far less than an attorney would feel is reasonable.

Real-Life Example

Jane was assaulted walking home, sustaining a concussion requiring therapy. She can't work and has high medical bills. Overwhelmed, she asks, “Do I need a lawyer for an assault injury claim?”

The insurance company offers a settlement that doesn't quite cover Jane's medical expenses. She's not sure if hiring a lawyer would help her get more or less, but she knows that she needs more in order to cover all of her expenses.

Considering her injuries, lost wages, medical bills, and her comfort level with filing a claim, negotiating, and courtroom procedures, Jane consults a lawyer. Her lawyer launches an investigation, and, based on their extensive experience, determines what would be the absolute minimum that Jane should accept as a settlement.

The amount that Jane was considering accepting from the insurance company is one quarter of the amount that her attorney feels is reasonable compensation for Jane's ordeal. Jane's attorney begins negotiations and Jane ends up receiving a settlement that is multiple times the amount initially offered to her by the insurance company.

Conclusion

The answer to "Do I need a lawyer for an assault injury claim?" depends on your situation. Handling a claim alone might seem doable initially. However, legal complexities and insurance company tactics make experienced legal counsel vital. Lawyers protect your rights so you receive the compensation you deserve.

A lawyer provides expert guidance through the process, including medical treatment, understanding what damages includes all recoverable losses, and what damages suffered can be claimed in a lawsuit.

A good lawyer will not even accept your case unless they know that you will receive substantially more with their assistance. Good attorneys do not want to work tirelessly on your behalf only for you to be disappointed in their work. They want you to not only be happy with them, but to sing their praises to your friends and family.

Our attorneys at Greenberg and Ruby are driven by a passion for righting wrongs, fighting for those that need help, and achieving fantastic results. If we don't believe we can do a good job for a client, or that a potential client will likely receive a settlement that is reasonable without our help, we let people know. It's one of the reasons why California assault injury victims often turn to us when they want to pursue compensation, and why other attorneys often refer assault injury clients to us.

For those who would like a free case evaluation and consultation with our experienced attorneys, give us a call or engage with our chat. We'd be happy to help. The consultation is free and confidential, and we do not charge you anything unless your case is won. There are no up-front costs.