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Los Angeles Assault and Battery Lawyer
Victims of assault and battery are often extremely physically and emotionally traumatized. Being physically attacked by another person is different than being in a car accident. While both cause traumatic injury, being attacked by another person can also cause feelings of insecurity, extreme anger, nightmares, helplessness, and other symptoms of Post Traumatic Stress Disorder (PTSD).
“Assault” and “Battery” are technically two different things. Assault is the intentional act of causing fear of harm, such as when a person makes a fist and threatens to hit you. Battery is the actual physical contact, the “hit” itself. Although separate in the eyes of the law, the common case involves both assault and battery. Assault and battery is not an accident, it is an intention act and a crime. After an assault and battery, the first thing you want to do is go to the police. Although you may not be happy with the way the criminal justice system deals with the assailant, it is imperative that you make a record of the attack and allow the police to investigate and hopefully put the assailant behind bars. Furthermore, if you have medical bills or lost earnings from an assault and battery, you can recover some money from the California Victims of Crime Fund, but you must go to the police first.
Even before the police have finished their investigation, your lawyer should start an investigation as well. Your personal injury lawyer will want to find out the exact facts of the case, such as whether the defendant has any assets, whether the defendant acted alone, and whether the defendant has any insurance. Normally, insurance does not cover intentional acts like assault and battery. However, sometimes if a negligent situation gets out of hand and turns into an attack or fight, the defendant’s insurance may be available to pay for the victim’s injuries. It takes an attorney experienced in this legal specialty to make the determination of whether or not a case is worth pursuing against a defendant. There is no reason to waste the victim’s time by filing a lawsuit if the defendant will never have money to pay.
At the Law Offices of Mann & Elias, we have found the most common assault and battery case comes from clients being beaten up by security guards at bars, restaurants, or sporting events. These cases also fall under the title of premises liability and negligent security. Security guards are often poorly trained thugs who use force to solve every problem. Unless they have a California Guard Card, they may even be violent felons themselves. Even with a California Guard Card, there is no guarantee that security guards have received sufficient training for the specific venue where they work. If you have been beaten up by a security guard, you should have a lawyer review the facts. Obviously, if you are drunk and threatening customers or staff, they have a right to use some force to remove you. But all force must be reasonable. Security guards are not allowed to beat you unconscious just because they have a badge.
Scott Mann of the Law Offices of Mann & Elias has successfully handled many assault and battery as well as negligent security cases. If you or someone you know has been attacked, call Scott Mann for a free evaluation at 323-857-9500 or fill out this free evaluation form.