AREAS OF PRACTICE
ASSAULT AND BATTERY
Bakersfield Assault and Battery Lawyer
There is a common misconception among victims of assault and battery that criminal prosecution of the attacker is their only recourse. In many cases assault and battery victims are unaware that they may also have the ability to file a personal injury lawsuit against the assailant and/or the owner, manager or operator of the business where the attack occurred.
In California, assault is defined as “an invasion of the right of a person to live without being put in fear of personal harm.” The factual elements that must be established in order to succeed on a claim for assault are: (1) the defendant acted with intent to cause harmful or offensive contact, or threatened to touch plaintiff in a harmful or offensive manner; (2) the plaintiff reasonably believed she was about to be touched in a harmful or offensive manner or it reasonably appeared to the plaintiff that the defendant was about to carry out the threat; (3) plaintiff did not consent to defendant’s conduct; (4) the plaintiff was harmed; (5) the defendant’s conduct was a substantial factor in causing the plaintiff’s harm.
On the other hand, a battery is defined in California as “a violation of an individual’s interest in freedom from intentional, unlawful, harmful or offensive unconsented contacts with his or her person.” The factual elements that must be established in order to succeed on a claim for battery are: (1) the defendant touched the plaintiff or caused the plaintiff to be touched, with the intent to harm or offend the plaintiff; (2) the plaintiff did not consent to the touching; (3) the plaintiff was harmed or offended by the defendant’s conduct; and (4) a reasonable person in the plaintiff’s position would have been offended by the touching.
Assault and battery can be committed in many different situations, including fights, gunshots and shootings, stabbings, incidents involving domestic violence, incidents involving child abuse, and sexual assault and rape.
For victims of assault and battery, a personal injury lawsuit is likely the only means by which compensation may be obtained. Depending on the circumstances, compensation may be available for certain types of economic loss, including past and future medical expenses, past and future lost earnings, lost earning capacity and loss of ability to provide household services. In addition, compensation may be available for certain types of noneconomic loss such as past and future physical pain, mental suffering, emotional distress, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety and humiliation.
If you or someone you know has been injured as a result of assault and battery, it is crucial that you retain an experienced Bakersfield assault and battery lawyer as soon as possible in order to protect your rights and obtain the compensation you are entitled to. Bakersfield assault and battery lawyer, Timothy M. Osborn, has a proven record of success in handling assault and battery cases. We encourage you to contact us today in order to learn more. We offer free consultations and there is no fee unless we obtain a settlement or judgment in your favor.
Our Bakersfield assault and battery lawyer handles assault and battery cases involving a wide array of injuries including, but not limited to:
- Brain Injury
- Wrongful Death
- Neck and Back Injury
- Broken Bones
- Spinal Cord Injury
- Eye Injury
- Knee Injury
- Shoulder Injury
- Ankle Injury
- Wrist Injury