Legal Question in Personal Injury in California

Re: Assault- civil lawsuit?

Mr. Shers is correct. The caveat being that recovery may be limited depending upon his insurance coverage (or lack thereof) or any attachable assets this person may have, but it is definitely worth speaking to an attorney.

I would be willing to discuss some of the issues of the assault to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

Re: Assault- civil lawsuit?

You can sue him. However, unless you have a report from a psychologist or psychiatrist documenting your emotional distress, that will be a difficult thing to prove. You should consider filing a claim against his homeowners insurance or filing a lawsuit in small claims court.

Beware, that this may provoke him more!

Re: Assault- civil lawsuit?

Me, me, cry the lawyers from as far away as San Diego. Jeez. If the District Attorney files charges, and the guy is convicted after a trial or pleads guilty, you will have a much easier time of it. You also will have a better case if you have photographs, medical records, or other documentation of your injuries. I do live in Long beach and I regularly practice in the Long Beach courts, and I would be pleased to speak to you about it. But assault lawsuits are never a slam dunk.

Re: Assault- civil lawsuit?

Yes, you can sue civilly and will win even if you did trespass [you were not where you were when he struck you]. Your damages may not be that great unless you made a very good witness who the jurors of judge likes and the person who hit you makes a very bad witnesses. A young or elderly, slight build woman hit by a 250# young male bully will get much more than if the two of you are equals. You might want to sue in small claims court where you can get up to $7,500 and lawyers can not appear. I can give you some more information if you need it.