Legal Question in Personal Injury in California

Assault

I am a registered process server. I got assaulted by a man I was serving with court papers. He pushed me 5 times and kicked me hard on the leg. I pushed him off me and called 911. The police showed up but told me after talking to the man, that I stated pushing him (which is totally untrue) I was told that there was not much the police could do because it is just a misdemeanor and if I wanted to press charges the man could do the same and we would both be arrested. I left but later I went back to the police and asked for a police rapport and I had my bruise photographed. They again adviced me it was not worth pressing charges (I dont get it).

If the police can/will not help me I would like to sue this man civilly. I am also considering contacting the District Attorney to ask for their help in charging this man. I would like to be able to do my job without being assaulted and I don�t understand there are not more protection for us process servers.

Do I have a case and what should I do???

Would it be nonsense to take this man to small claims court when I had no medical expenses (just pain and suffering)?

And if I can sue him how much do I sue for?


Asked on 3/05/09, 8:55 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Assault

You can take him to small claims court for up to $7500 without a lawyer, which might be your best option. The person who assaulted and battered you is liable for your pain and suffering and for punitive damages. I think the judge will be very sympathetic to you.

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Answered on 3/09/09, 4:48 pm
Michael Pines Law Offices of Michael Pines

Re: Assault

Sorry about the incident. Can not help you criminally, it seems you should get some criminal advice. Suggest you talk with the DA and find out if there are any witnesses.

As far as the assault, if you are an employee, you'd have a dual claim, one with your employer, another with the person that assaulted and battered you.

Regardless, if this person had renters or homeowner's insurance, you'd have to find a negligent act to get coverage.

If you have any bruises or injuries, suggest you take pictures.

Please check the time limits to file a civil lawsuit at www.SeriousAccidents.com

Sincerely,

Mike

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Answered on 3/09/09, 7:28 pm


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